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: 88427624

Filing Date: 05/13/2019

To the Commissioner for Trademarks:

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

The applicant, Neptune Wellness Solutions Inc., a corporation of Canada, having an address of
      545 Promenade du Centropolis, bureau 100
      Laval, Québec H7T0A3
      Canada

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:  Cosmetic preparations for humans and animals; Cosmetic preparations for topical use on skin, hair, and lips; Cosmetic preparations containing extracts of industrial hemp with phytocannabinoids and not more than 0.3% THC, namely in the form of ointments, lip balms, body balms, salves, topical creams, lotions, bath melts, gels, sprays, massage oils, lotions, and gels

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 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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 photograph of the actual goods upon which the mark is displayed.
Specimen File1

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 Canada application number 1961225, filed 05/06/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 005:  Dietary supplements for humans and animals; Dietary supplements containing extracts of industrial hemp with phytocannabinoids and not more than 0.3% THC, namely in the form of liquids, oils, capsules, tablets, caplets, powders, gummies, soft chews, sprays, tinctures, syrups, bars, and edible pet treats

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 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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 label for the goods.
Specimen File1

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 Canada application number 1961225, filed 05/06/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 034:  Extracts of industrial hemp with phytocannabinoids and not more than 0.3% THC for use in liquids for electronic cigarettes and oral vaporizers

In International Class 034, 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 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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 photograph of the actual goods upon which the mark is displayed.
Specimen File1

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 Canada application number 1961225, filed 05/06/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 035:  Online retail store featuring products containing extracts of industrial hemp with phytocannabinoids and not more than 0.3% THC, namely in the form of liquids, oils, capsules, tablets, caplets, powders, gummies, soft chews, sprays, tinctures, syrups, bars, edible pet treats, ointments, lip balms, body balms, salves, topical creams, lotions, bath melts, gels, sprays, massage oils, lotions, and gels, and liquids for electronic cigarettes and oral vaporizers. Website featuring consumer information about the endocannabinoid system and products containing extracts of industrial hemp and phytocannabinoids

In International Class 035, 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 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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 screenshot of webpages from which the claimed goods may be ordered.

Original PDF file:
SPE0-1086160243-20190513145606493674_._FOREST_REMEDIES_IC_35_specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

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 Canada application number 1961225, filed 05/06/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.



The applicant's current Attorney Information:
      Howard N. Aronson and Howard N. Aronson, Nancy Dwyer Chapman, Cathy E. Shore-Sirotin, Eileen C. DeVries, Lindsey S. Leibowitz of Lackenbach Siegel LLP
      Lackenbach Siegel Building
      1 Chase Rd
      Scarsdale, New York 10583-4156
      United States
      914-723-4300(phone)
      914-723-4301(fax)
      tmefs@LSLLP.com (authorized)
The attorney docket/reference number is 21474.

The applicant hereby appoints Howard N. Aronson of Lackenbach Siegel LLP
      Lackenbach Siegel Building
      1 Chase Rd
      Scarsdale New York 10583-4156
      United States
      914-723-4300(phone)
      914-723-4301(fax)
      tmefs@LSLLP.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:

Howard N. Aronson

Lackenbach Siegel LLP

Lackenbach Siegel Building       1 Chase Rd

Scarsdale, New York 10583-4156

914-723-4300(phone)

914-723-4301(fax)

tmefs@LSLLP.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 $1100 has been submitted with the application, representing payment for 4 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: /Nancy Dwyer Chapman/   Date: 05/13/2019
Signatory's Name: Nancy Dwyer Chapman
Signatory's Position: Attorney of record, NYS bar member
Payment Sale Number: 88427624
Payment Accounting Date: 05/14/2019

Serial Number: 88427624
Internet Transmission Date: Mon May 13 15:17:12 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XXX-2019051315171256
9972-88427624-620bd8d11a4f5ba77dd15b75c3
f6ffb9a79cb492ef52bee14da78bbe452bd7d7c-
CC-2035-20190513145606493674