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: 88264431

Filing Date: 01/16/2019

To the Commissioner for Trademarks:

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

The applicant, Avandel Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Level 5,
      2 More London Riverside
      London SE12AP
      United Kingdom

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 025:  Clothing; footwear; headgear; belts (clothing); wristbands

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 United Kingdom application number UK00003326143, filed 07/20/2018.
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 United Kingdom registration number UK00003326143, and/or proof of renewal, registered 10/12/2018 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

Original PDF file:
reg-40137216114-170212359_._Axia_UMTM_Cert.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

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.

       International Class 032:  Beers; ale, stout and porter; low alcoholic beverages; non-alcoholic beverages; mineral and aerated waters and other non-alcoholic beverages; alcohol-free cider; fruit drinks and fruit juices; syrups and other preparations for making beverages

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 United Kingdom application number UK00003326143, filed 07/20/2018.
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 United Kingdom registration number UK00003326143, and/or proof of renewal, registered 10/12/2018 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

Original PDF file:
reg-40137216114-170212359_._Axia_UMTM_Cert.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

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.

       International Class 033:  Alcoholic beverages; wines; spirits; fortified wines; whisky; gin; vodka ciders; port; brandy; rum; rum-based beverages; eau de vie; liqueurs; alcopops; alcoholic cocktails; alcoholic extracts; alcoholic essences; alcoholic beverages containing fruit; bitters

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 United Kingdom application number UK00003326143, filed 07/20/2018.
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 United Kingdom registration number UK00003326143, and/or proof of renewal, registered 10/12/2018 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

Original PDF file:
reg-40137216114-170212359_._Axia_UMTM_Cert.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

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.


The applicant's current Attorney Information:
      Elizabeth A. Cominolli and Kaleigh P. Morrison, Denis J. Sullivan, Peter J. Bilinski, Michael A. Oropallo, Katherine B. Felice, Susan S. Laluk, Peter J. Evangelatos, F. Paul Vellano III of Barclay Damon LLP      1270 Avenue of the Americas, Suite 600
      New York, New York 10020
      United States
      212-784-5800(phone)
      212-784-5777(fax)
      ip@barclaydamon.com (authorized)
The attorney docket/reference number is AXIA.

The applicant hereby appoints Barclay Damon LLP of Barclay Damon LLP
      1270 Avenue of the Americas, Suite 600
      New York New York 10020
      United States
      212-784-5800(phone)
      212-784-5777(fax)
      ip@barclaydamon.com (not 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:

Elizabeth A. Cominolli

Barclay Damon LLP

1270 Avenue of the Americas, Suite 600

New York, New York 10020

212-784-5800(phone)

212-784-5777(fax)

ip@barclaydamon.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: /EAC/   Date: 01/16/2019
Signatory's Name: Elizabeth A. Cominolli
Signatory's Position: Attorney of Record, New York Bar Member
Payment Sale Number: 88264431
Payment Accounting Date: 01/17/2019

Serial Number: 88264431
Internet Transmission Date: Wed Jan 16 17:16:38 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201901161716382
21264-88264431-620e082f83c53de12fadbad6a
1f41243c9d9a14875d3513793e4d4b47bba7fd35
1-DA-4192-20190116170212359513