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: 88202792

Filing Date: 11/21/2018

To the Commissioner for Trademarks:

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

The applicant, KIND Hoergeraete GmbH & Co. KG, a gmbh & co. kg legally organized under the laws of Germany, having an address of
      Kokenhorststrasse 3-5
      30938 Grossburgwedel
      Germany

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 009:  Eyeglasses, sunglasses, reading glasses, glasses for sports, optical glasses, ski glasses, cyclists glasses, spectacle frames and eyeglass frames; parts for eyeglasses; cases for eyeglasses; eyeglass lenses; contact lenses; batteries
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.

       International Class 035:  Advertising, marketing and sales promotion; retail services, including via the internet, and online retail services in the field of optics, optical instruments, spectacles, contact lenses
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.

       International Class 044:  Optician services; conducting vision tests; adjustment of vision aids
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3402114.

The applicant's current Attorney Information:
      Katrin Lewertoff and Edmund J. Ferdinand, III of Ferdinand IP, LLC
      Suite 302
      1221 Post Road East
      Westport, Connecticut 06880
      United States
      203-557-4224(phone)
      203 905 6747(fax)
      klewertoff@ferdinandip.com (authorized)
The attorney docket/reference number is GLP002UST.

The applicant hereby appoints Katrin Lewertoff of Ferdinand IP, LLC
      Suite 302
      1221 Post Road East
      Westport Connecticut 06880
      United States
      203-557-4224(phone)
      203 905 6747(fax)
      klewertoff@ferdinandip.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Katrin Lewertoff

Ferdinand IP, LLC

Suite 302       1221 Post Road East

Westport, Connecticut 06880

203-557-4224 x574224(phone)

203 905 6747(fax)

klewertoff@ferdinandip.com;annam@24iplg.com; betha@24iplg.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 $825 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: /KL/   Date: 11/21/2018
Signatory's Name: Katrin Lewertoff
Signatory's Position: Attorney of record, NY bar member
Payment Sale Number: 88202792
Payment Accounting Date: 11/23/2018

Serial Number: 88202792
Internet Transmission Date: Wed Nov 21 15:14:09 EST 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2018112115140918
6037-88202792-6103fb39a6572478d3ff10c83d
3c24e7fe174a9487502c6eeb84cd2bafea44d7ae
-CC-4235-20181121145724173282