TEAS Plus New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 88094549

Filing Date: 08/27/2018

To the Commissioner for Trademarks:

MARK: octopus (stylized and/or with design, see mark)

The mark in your application is octopus.
The applicant is not claiming color as a feature of the mark. The mark consists of the characters "octopus" where the second "o" is stylized to resemble a smiling octopus.
The applicant, JOY FAMILYTECH, a corporation of Delaware, having an address of
      427 N. Tatnall Street
      Wilmington, Delaware 19801
      United States
      508-873-0893(phone)
      508-875-3066(fax)
      XXXX (not authorized)

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 009:  Charging appliances for rechargeable equipment; Computer application software for mobile devices, smartwatches, cloud computers, computing devices, namely, software for communication between electronic devices; computer application software for mobile devices, smartwatches, cloud computers, computing devices, namely, software for sending reminders before a task needs to be performed; Smartwatches; Battery charge devices; Multi-function electronic device for use in children's rooms comprising a sound producing function, temperature gauge and also including a clock and nightlight; Wearable computers in the nature of smartwatches

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2016, and first used in commerce at least as early as 07/01/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Octopus watch carton.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 011:  Electric night lights

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 011, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2016, and first used in commerce at least as early as 07/01/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Octopus watch carton showing night light/charging station in the shape of an octopus.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 038:  Communication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 038, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2016, and first used in commerce at least as early as 07/01/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Octopus watch carton.
Specimen File1



For informational purposes only, applicant's website address is: www.hejoy.io
The applicant's current Attorney Information:
      Andrew D'Amico and Andrew D'Amico of Vendor Counsel      2 Cahill Park Drive
      Framingham, Massachusetts 01702
      United States
      508-873-0893(phone)
      508-875-3066(fax)
      adamico@vendorcounsel.com (authorized)

The applicant's current Correspondence Information:

Andrew D'Amico

Vendor Counsel

2 Cahill Park Drive

Framingham, Massachusetts 01702

508-873-0893(phone)

508-875-3066(fax)

adamico@vendorcounsel.com;vendorcounsel@gmail.com;adamico@rcn.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $675 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Joy/octopus/8/2018/   Date: 08/27/2018
Signatory's Name: Andrew D'Amico
Signatory's Position: Attorney of record
Signatory's Phone Number: 508-873-0893
Payment Sale Number: 88094549
Payment Accounting Date: 08/28/2018

Serial Number: 88094549
Internet Transmission Date: Mon Aug 27 18:44:52 EDT 2018
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20180827184452
569133-88094549-6109de2f19bcb332316e8889
5261ca099612415f157e7ed1d4898a1cbdc993b7
-CC-5736-20180827172006109196