TEAS Plus 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

TEAS Plus Application

Serial Number: 88229182

Filing Date: 12/14/2018

To the Commissioner for Trademarks:

MARK: Purple Rain (Standard Characters, see mark)
The mark in your application is Purple Rain.


The applicant, Maxx Harley Appelman, DBA Truly Organic, a citizen of United States, having an address of
      2155 Washington Ct. unit 601
      Miami Beach, Florida 33139
      United States
      XXXX

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 003:  Facial oils; Non-medicated facial and eye serum containing antioxidants

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 003, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/08/2013, and first used in commerce at least as early as 07/08/2013, 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) The above attachments show our Purple Rain product being sold on our website, images customers have taken and posted on social media and an actual order receipt of one of our first Purple Rain purchases from a customer on July 10, 2013.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7


Disclaimer
No claim is made to the exclusive right to use purple apart from the mark as shown.

Translation
The wording purple rain has no meaning in a foreign language.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, BASED ON EVIDENCE
purple rain has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f), in part, claim:
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4
2(f) evidence-5
2(f) evidence-6
2(f) evidence-7

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
purple rain 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.

For informational purposes only, applicant's website address is: www.trulyorganic.com

The applicant's current Correspondence Information:

Appelman, Maxx Harley

2155 Washington Ct. unit 601

Miami Beach, Florida 33139

maxx@trulyorganic.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /maxx appelman/   Date: 12/14/2018
Signatory's Name: maxx appelman
Signatory's Position: owner
Payment Sale Number: 88229182
Payment Accounting Date: 12/14/2018

Serial Number: 88229182
Internet Transmission Date: Fri Dec 14 00:41:53 EST 2018
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XXX-201812140041534
76623-88229182-610e59159825b658a7da221f3
da81894ddde638f3cae103068c6ae16ed659-CC-
7044-20181213221148454845