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: 88205477

Filing Date: 11/26/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of EVOLUS.
The mark consists of a butterfly design consisting of two stylized letter "e"s, one letter "e" being the mirror image of the other, next to the word "evolus" in stylized font.
The applicant, Evolus, Inc., a corporation of Delaware, having an address of
      1027 Garden Street
      Santa Barbara, California 93101
      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 005:  Injectable dermal filler; injectable neurotoxin; injectable botulinum toxin for medical use for use in aesthetic procedures, namely, the treatment of wrinkles
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:  Providing information and assistance to patients and healthcare providers regarding medical aesthetic treatments and procedures
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 045:  Providing a website featuring information regarding medical aesthetic treatments and procedures
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.



The applicant's current Attorney Information:
      Phi Lan Tinsley and David Byer, Kathleen Burch, Eric Lee of K&L Gates LLP      1 Lincoln Street
      Boston, Massachusetts 02111
      United States
      617-951-9240(phone)
      617-261-3175(fax)
      botrademarks@klgates.com (authorized)

The applicant's current Correspondence Information:

Phi Lan Tinsley

K&L Gates LLP

1 Lincoln Street

Boston, Massachusetts 02111

617-951-9240(phone)

617-261-3175(fax)

botrademarks@klgates.com;eric.lee@klgates.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: /Jeffrey Plumer/   Date: 11/26/2018
Signatory's Name: Jeffrey Plumer
Signatory's Position: Vice President
Payment Sale Number: 88205477
Payment Accounting Date: 11/27/2018

Serial Number: 88205477
Internet Transmission Date: Mon Nov 26 14:41:55 EST 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20181126144155388
236-88205477-6109b8c6b51d1768c4a67c170b7
bee3dce6c2a5b242bf944219995611367a8d7abd
-DA-1164-20181120165717699175