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: 88226136

Filing Date: 12/12/2018

To the Commissioner for Trademarks:

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

The applicant, L'OREAL, a société anonyme (sa) legally organized under the laws of France, having an address of
      14 Rue Royale
      Paris 75008
      France

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 003:  Perfumed soaps; perfumes; eau de cologne; toilet waters; eau de parfum; personal deodorants; cleaning and fragrancing preparations; scented body lotions and creams; essential oils.

Priority based on foreign filing: 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 and asserts a claim of priority based on France application number 18 4 466 017, filed 07/02/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of France registration number 18 4 466 017, and/or proof of renewal, registered 10/26/2018 with a renewal date of 07/02/2028 and an expiration date of 07/02/2028, and translation thereof, if appropriate.

Original PDF file:
reg-389416710-110323180_._FLOWERBOMB_Cert_and_Translation.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2978054, 3083158, and 5058997.

The applicant's current Attorney Information:
      Dyan Finguerra-DuCharme and Brad D. Rose, Teresa Lee, Philippe Zylberg, Laure Sawaya and Kamilah M. Holder of Pryor Cashman LLP      7 Times Square
      New York, New York 10036
      United States
      212-326-0443(phone)
      212-798-6307(fax)
      dfinguerra-ducharme@pryorcashman.com (authorized)
The attorney docket/reference number is 20321.00799.

The applicant hereby appoints Dyan Finguerra-DuCharme of Pryor Cashman LLP
      7 Times Square
      New York New York 10036
      United States
      212-326-0443(phone)
      212-798-6307(fax)
      dfinguerra-ducharme@pryorcashman.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:

Dyan Finguerra-DuCharme

Pryor Cashman LLP

7 Times Square

New York, New York 10036

212-326-0443(phone)

212-798-6307(fax)

dfinguerra-ducharme@pryorcashman.com;tmdocketing@pryorcashman.com;halexis@pryorcashman.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: /Delphine de Chalvron/   Date: 12/12/2018
Signatory's Name: Delphine de Chalvron
Signatory's Position: Intellectual Property General Counsel
Payment Sale Number: 88226136
Payment Accounting Date: 12/12/2018

Serial Number: 88226136
Internet Transmission Date: Wed Dec 12 10:41:49 EST 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20181212104149170
900-88226136-61050905e852987151b9d8d7ac8
f5ea332d07c7fa1a95e7edecd77a5b8aadd37d0-
DA-10749-20181211110323180202