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: 88199571

Filing Date: 11/19/2018

To the Commissioner for Trademarks:

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

The applicant, James S. Fallon, a citizen of United States, having an address of
      17 Brownsbury Road
      Laguna Niguel, California 92677
      United States
      949-476-0600(phone)
      949-476-0606(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:

       International Class 005:  A medicated spray for oral use

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/02/2011, and first used in commerce at least as early as 02/02/2011, 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) Packaging of the goods showing the mark thereon.
Specimen File1


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

The applicant's current Attorney Information:
      Morland C. Fischer of Law Offices of Morland C. Fischer      2030 Main Street, Suite 1300
      Irvine, California 92614
      United States
      949-476-0600(phone)
      949-476-0606(fax)
      morlandf@earthlink.net (authorized)
The attorney docket/reference number is ASC-316.

The applicant's current Correspondence Information:

Morland C. Fischer

Law Offices of Morland C. Fischer

2030 Main Street, Suite 1300

Irvine, California 92614

949-476-0600(phone)

949-476-0606(fax)

morlandf@earthlink.net (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: /Morland C. Fischer/   Date: 11/19/2018
Signatory's Name: Morland C. Fischer
Signatory's Position: Attorney of record
Payment Sale Number: 88199571
Payment Accounting Date: 11/20/2018

Serial Number: 88199571
Internet Transmission Date: Mon Nov 19 16:05:19 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201811191605193
79763-88199571-610a7568fd02f316af591e982
317a6433117b445e5cb4cbaeff23edeb018a0d6-
DA-3036-20181119155819228149