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: 88314574

Filing Date: 02/25/2019

To the Commissioner for Trademarks:

MARK: ACTIVE (stylized and/or with design, see mark)

The mark in your application is ACTIVE.
The mark consists of a stylized image of a leaf, wherein, the center of the leaf contains a stylized image of a dog paw print. The literal element ACTIVE appears below the leaf imagery.
The applicant, Discover Health, Inc., a corporation of Colorado, having an address of
      2255 Reliable Circle
      Colorado Springs, Colorado 80906
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 005:  Dietary pet supplements in the form of pet treats; Dietary supplements for pets; Nutritional supplements for pets

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 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/31/2015, and first used in commerce at least as early as 07/31/2015, 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) Screenshot of website offering products bearing the mark.

Original PDF file:
SPE0-9690161102-20190225131104732971_._Active_CBD_oil_CBD_MCT_Tincture_1250-2500mg.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPE0-9690161102-20190225131104732971_._ctive_CBD_oil_dog_biscuits_-_2.5mg_Organic___Gluten_Soy_Free.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5




The applicant's current Attorney Information:
      Peter C. Lemire of Leyendecker & Lemire, LLC
      Suite 330
      5460 S. Quebec St.
      Greenwood Village, Colorado 80111
      United States
      303-768-0123(phone)
      303-672-9200(fax)
      trademark@coloradoiplaw.com (authorized)
The attorney docket/reference number is DCBD-0-005.

The applicant's current Correspondence Information:

Peter C. Lemire

Leyendecker & Lemire, LLC

Suite 330       5460 S. Quebec St.

Greenwood Village, Colorado 80111

303-768-0123(phone)

303-672-9200(fax)

trademark@coloradoiplaw.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: /Peter C. Lemire/   Date: 02/25/2019
Signatory's Name: Peter C. Lemire
Signatory's Position: Attorney of Record, Colorado Bar Member
Payment Sale Number: 88314574
Payment Accounting Date: 02/25/2019

Serial Number: 88314574
Internet Transmission Date: Mon Feb 25 13:18:07 EST 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2019022513180730
9442-88314574-6205aa371970a0f389e9a6d616
547b243c7cbe2c4a11e25434627649898076159-
CC-12893-20190225131104732971