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: 88292142

Filing Date: 02/07/2019

To the Commissioner for Trademarks:

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

The applicant, Rohto Pharmaceutical Co., Ltd., a corporation of Japan, having an address of
      8-1, Tatsuminishi 1-chome, Ikuno-ku
      Osaka-shi, Osaka 544-8666
      Japan
      +81-0667581231(phone)

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:  Lip balm

In International Class 003, 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 02/00/2019, and first used in commerce at least as early as 02/00/2019, 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) Page of website showing product bearing the mark available for purchase.

Original PDF file:
SPE0-162254154130-20190207051218046271_._ROHTO_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2782477.

Significance of wording, letter(s), or numeral(s)
The word(s) ROHTO has no meaning in a foreign language.

The applicant's current Attorney Information:
      Richard A. Sharpe and All attorneys associated with Pearne & Gordon LLP, including, but not limited to, the following attorneys: Howard G. Shimola, John P. Murtaugh, Michael W. Garvey, Nobuhiko Sukenaga, Aaron A. Fishman, Deborah L. Corpus, Steven J. Solomon, Tomoko Ishihara, Gregory M. York, James G. Chrisman, Bryan M. Gallo, Michelle E. Tochtrop, Christopher Meta, Andrew W. Jenkins, Tanya S. Gaylord, Bryan T. Fink, Christopher Jethrow, Donna M. Klett, Zachary A. Hawks, Carlo Spagnolo, Justin D. Care, Stephanie Thomas, Una Lauricia, Thaddeus A. Zalenski of Pearne & Gordon LLP      1801 East 9th Street, Suite 1200
      Cleveland, Ohio 44114-3108
      United States
      216-579-1700(phone)
      216-579-6073(fax)
      tmdocket@pearne.com (authorized)
The attorney docket/reference number is ROHTO-60487.

The applicant hereby appoints Richard A. Sharpe of Pearne & Gordon LLP
      1801 East 9th Street, Suite 1200
      Cleveland Ohio 44114-3108
      United States
      216-579-1700(phone)
      216-579-6073(fax)
      tmdocket@pearne.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:

Richard A. Sharpe

Pearne & Gordon LLP

1801 East 9th Street, Suite 1200

Cleveland, Ohio 44114-3108

216-579-1700(phone)

216-579-6073(fax)

tmdocket@pearne.com;dpeterlin@pearne.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: /Richard A. Sharpe/   Date: 02/07/2019
Signatory's Name: Richard A. Sharpe
Signatory's Position: Attorney of Record, Ohio Bar Member
Payment Sale Number: 88292142
Payment Accounting Date: 02/07/2019

Serial Number: 88292142
Internet Transmission Date: Thu Feb 07 10:00:13 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190207100013
110064-88292142-6204ecd99ed9ba4b153ba3c8
8436cb259cc2ef669e6afec55c926fbf7955c6dc
7c-DA-10199-20190207051218046271