TEAS RF 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

Serial Number: 88109616

Filing Date: 09/08/2018

To the Commissioner for Trademarks:

MARK: THE SMART CHOICE (Standard Characters, see mark)
The literal element of the mark consists of THE SMART CHOICE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Aqua-Leisure Industries, Inc., a corporation of Massachusetts, having an address of
      525 Bodwell Street
      Avon, Massachusetts 02322
      United States

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:

       International Class _______: Flotation devices to aid in teaching swimming, namely, training vests, kickboards, bodyboards, arm floats, floating baby pool seats, babyboats; personal floatation devices, namely, life jackets and vests, inner tubes with attached swinsuits, swim trainers, and foam back floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; apparel, namely, swimwear, hats, rashguards, diapers, backpacks, and bags; water activity toys and games for swim training, namely, balls, splash balls, dive sticks, dive rings, sprinklers, and plush toys; accessory apparel, namely, towels, hoodies, and cover-ups; swim gear, namely, swim goggles, swim masks, ear plugs and nose clips; protective wear, namely, board shorts, body shields, arm and leg shields, face shields, hats, caps, gloves, and diapers; protective shelters, namely, tents, sun shelters, umbrellas, and swimming pools having a canopy top; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles; eyeglasses; optical lenses; protective towels; UV resistant wristbands; inflatable rafts, floats, tubes, chairs, lounges, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games; snorkels; combination swimming mask, snorkel and swim fin sets; swim fins; bags for carrying snorkel and dive equipment; swim caps; dry bags for carrying snorkel and dive equipment; waterproof cases for snorkel and dive equipment; earplugs for swimming and diving; nose clips for swimming and diving, chamois for use in swimming and diving; personal flotation vests.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


For informational purposes only, applicant's website address is: www.aqualeisure.com

The applicant's current Attorney Information:
      Thomas E. Kenney of Pierce & Mandell, P.C.
      Suite 800
      11 Beacon Street
      Boston, Massachusetts 02108
      United States
      617-720-2444(phone)
      617-720-2693(fax)
      tom@piercemandell.com (authorized)

The applicant's current Correspondence Information:

Thomas E. Kenney

Pierce & Mandell, P.C.

Suite 800       11 Beacon Street

Boston, Massachusetts 02108

617-720-2444(phone)

617-720-2693(fax)

tom@piercemandell.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, 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 Reduced Fee 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 $275 has been submitted with the application, representing payment for 1 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: /tek/   Date: 09/08/2018
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney of record, Massachusetts bar member
Payment Sale Number: 88109616
Payment Accounting Date: 09/10/2018

Serial Number: 88109616
Internet Transmission Date: Sat Sep 08 15:34:21 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XX-20180908153421206
852-88109616-610a4fed9a2905a5725852be59d
83e1a1d29f40fee5f8aad5b3b3be8353e26e49-C
C-7099-20180908152115850486