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: 88433826

Filing Date: 05/16/2019

To the Commissioner for Trademarks:

MARK: SWELL (Standard Characters, see mark)
The mark in your application is SWELL.


The applicant, XR, LLC, a limited liability company legally organized under the laws of Maryland, having an address of
      15251 Pipeline Lane
      Huntington Beach, California 92649
      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 010:  Adult sexual stimulation aids, namely, anal plugs, anal probes, dildos, and vibrators; Sex toys
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. (15 U.S.C. Section 1051(b)).



The applicant's current Attorney Information:
      Jonathan W. Brown of Lipsitz Green Scime Cambria LLP
      Suite 120
      42 Delaware Avenue
      Buffalo, New York 14202
      United States
      716-849-1333 x371(phone)
      716-855-1580(fax)
      ip@lglaw.com (authorized)
The attorney docket/reference number is 54448.0001.

The applicant's current Correspondence Information:

Jonathan W. Brown

Lipsitz Green Scime Cambria LLP

Suite 120       42 Delaware Avenue

Buffalo, New York 14202

716-849-1333 x371(phone)

716-855-1580(fax)

ip@lglaw.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: /Jonathan W. Brown/   Date: 05/16/2019
Signatory's Name: Jonathan W. Brown
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 716-849-1333 x371
Payment Sale Number: 88433826
Payment Accounting Date: 05/17/2019

Serial Number: 88433826
Internet Transmission Date: Thu May 16 16:14:57 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2019051616145735
6709-88433826-620c5148ef8bb7d1982a88cf74
6ca014fe1375c911fee032f213bf3976548dac-C
C-15748-20190516160812582573