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: 88350691

Filing Date: 03/21/2019

To the Commissioner for Trademarks:

MARK: YES DAY! (stylized and/or with design, see mark)

The literal element of the mark consists of YES DAY!.
The color(s) yellow, orange, red, pink and purple is/are claimed as a feature of the mark. The mark consists of two words "YES" and "DAY" followed by an exclamation mark "!" whereby the word "YES" is written in script typeface Galada Regular and colored with vibrant, playful colors ranging from yellow to orange to pink, to red and to purple, the colors being arranged loosely in that order within an abstract pattern from left to right; the pattern being masked through the primary letterforms. All three letters feature the base color dark yellow. The first letter Y features additionally a quarter circular swoop of lighter yellow, going through the upper first half in a slight downswing and touching on the upper second half in an upswing. The downward loop of the first letter Y, the connecting line to the second letter E and an elliptically shaped small portion of the left, lower portion of the second letter E feature an orange color and the lower portion of the downward loop of the first letter feature the color red. The lower portion of the second letter E is accentuated by a fine purple vertical line that swings slightly towards the right. The third letter S features, aside from the dark yellow lower left portion, a pink color which is darkened on the center right side of the letter with diagonal, purple colored stripes (running from the upper left to lower right), the color purple increasing in intensity downward and towards the right side just past 2/3 of the letter S. The first word "YES" is followed underneath by the second word "DAY" and an exclamation mark "!". Both, the word "DAY" and the exclamation mark "!", are written in a sans-serif typeface in the color blue; the second word "DAY" starting right behind the downward loop of the previous script typeface letter Y of the first word "YES" is about half the size of said first word followed on the same line by the equally sized exclamation mark "!" so that the word "DAY" and the exclamation mark "!" both fit in between imagined parallel lines underneath the first word "YES" with and without the loop of the Y of the first word "YES".
The applicant, Jennifer L. Sample, a citizen of United States, having an address of
      Apt 3B
      481 Greenwich Street, Apt 3B
      New York, New York 10013
      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 041:  Providing information, news, forums and commentary in the field of autism, dementia, in particular Alzheimer's, and other illnesses and disabilities.
Intent to Use: 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.



The applicant's current Attorney Information:
      Thorsten Schmidt and Thorsten Schmidt of Schmidt LLC
      6th Floor
      708 Third Avenue
      New York, New York 10017
      United States
      212-809-1444(phone)
      tschmidt@schmidt-llc.com (authorized)
The attorney docket/reference number is JS-004.

The applicant's current Correspondence Information:

Thorsten Schmidt

Schmidt LLC

6th Floor       708 Third Avenue

New York, New York 10017

212-809-1444(phone)

tschmidt@schmidt-llc.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: /JenniferSample/   Date: 03/21/2019
Signatory's Name: Jennifer L. Sample
Signatory's Position: Owner
Payment Sale Number: 88350691
Payment Accounting Date: 03/22/2019

Serial Number: 88350691
Internet Transmission Date: Thu Mar 21 15:51:02 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201903211551024
51498-88350691-620ffebea1c6078e041de192a
65225b1c667618a9657a93b6ebccf39dfb636-CC
-2306-20190321113809422477