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: 88276546

Filing Date: 01/25/2019

To the Commissioner for Trademarks:

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

The applicant, Steven Davis, a citizen of United States, having an address of
      20911 Earl St. Suite 470
      Torrance, California 90503
      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:  Medical treatment, namely, Allergy relief medication, allergy medication, pharmaceutical preparations for treating allergies; Allergy drops

In International Class 005, 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 04/01/2015, and first used in commerce at least as early as 04/01/2015, 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) A picture of the mark on the allergy drops as they are sold..
Specimen File1

       International Class 044:  Health care services, namely, providing information, counseling, medical diagnosis and treatment in the fields of allergic sensitivity, sleep disorders, and medical conditions related to sinus and nasal blockage

In International Class 044, 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 04/18/2014, and first used in commerce at least as early as 06/04/2014, 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) A picture of the mark on the owner's website for his medical services..
Specimen File1


The applicant's current Attorney Information:
      Darin Margules of Law Office of Darin Margules, APLC      17835 Ventura Blvd., Suite 104
      Encino, California 91316
      United States
      818-344-5900(phone)
      darin@marguleslawfirm.com (authorized)

The applicant's current Correspondence Information:

Darin Margules

Law Office of Darin Margules, APLC

17835 Ventura Blvd., Suite 104

Encino, California 91316

818-344-5900(phone)

darin@marguleslawfirm.com (authorized)

A fee payment in the amount of $800 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: /Darin Margules/   Date: 01/25/2019
Signatory's Name: Darin Margules
Signatory's Position: Attorney of record, CA bar member 195282
Payment Sale Number: 88276546
Payment Accounting Date: 01/25/2019

Serial Number: 88276546
Internet Transmission Date: Fri Jan 25 13:03:46 EST 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019012513034641
5766-88276546-6203dbfcaeb48314e641420eb5
7be921da9d7ec5f0a7e173b0cf8f332d6616a1-D
A-10701-20190125124419662935