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: 88210043

Filing Date: 11/29/2018

To the Commissioner for Trademarks:

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

The applicant, FGX International Inc., a corporation of Delaware, having an address of
      500 George Washington Highway
      Smithfield, Rhode Island 02917
      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 009:  Sunglasses; contact lenses; lenses; eyewear; spectacles; eyeglasses; reading glasses; eyeglass lenses; eyeglass frames; cases; cords; neck cords; lanyards; cleaning cloths

In International Class 009, 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 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) photograph of box used to ship goods featuring the mark.

Original PDF file:
SPE0-20487401-20181121162738966165_._636198-3295_Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 035:  On-line retail store services featuring eyeglasses and eyeglass accessories

In International Class 035, 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 03/19/2013, and first used in commerce at least as early as 03/19/2013, 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) webpages featuring the mark in connection with retail on-line retail services.

Original PDF file:
SPE0-20487401-20181121162738966165_._636198-3295_Specimen_1.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The applicant's current Attorney Information:
      KAY LYN SCHWARTZ and Practitioners associated with Customer No. 32914 of FOLEY GARDERE, FOLEY & LARDNER LLP      2021 MCKINNEY AVNEUE, SUITE 1600
      DALLAS, Texas 75201
      United States
      214-999-4702(phone)
      214-999-3623(fax)
      IPDocketing@foley.com (authorized)
The attorney docket/reference number is 636198-3295.

The applicant's current Correspondence Information:

KAY LYN SCHWARTZ

FOLEY GARDERE, FOLEY & LARDNER LLP

2021 MCKINNEY AVNEUE, SUITE 1600

DALLAS, Texas 75201

214-999-4702(phone)

214-999-3623(fax)

IPDocketing@foley.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 $550 has been submitted with the application, representing payment for 2 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 J. Giguere/   Date: 11/29/2018
Signatory's Name: Jeffrey J. Giguere
Signatory's Position: Executive Vice President, General Counsel and Secretary
Payment Sale Number: 88210043
Payment Accounting Date: 11/29/2018

Serial Number: 88210043
Internet Transmission Date: Thu Nov 29 10:02:38 EST 2018
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-201811291002388738
45-88210043-610ca8938e226bc1fc8e29e46c5c
7bad9c9101ad26c3df132883e3e9ab3bafbc6f3-
CC-23658-20181121162738966165