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: 88479672

Filing Date: 06/19/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of HB.
The mark consists of a stylized letter "H" next to a stylized letter "b".
The applicant, Heartbeat Distributors Ltd, a limited company (ltd.) legally organized under the laws of Canada, having an address of
      10656 Chestnut Place
      Surrey V4N1W4
      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 015:  Cymbals, drums, drum sets, snare drums, drum sticks; hand percussion instruments; congas, bongos, djembes; music hardware, namely, stands, pedals, storage bags; musical instrument cases for drums, guitars, hardware, cymbals, drum sticks

In International Class 015, 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 12/00/2018, and first used in commerce at least as early as 12/00/2018, 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) Screenshot from Website; Images of Products.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-6852137157-20190619113156075802_._HB_-_Specimen__1_.pdf
Converted PDF file(s) (1 page)
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 1939674, filed 01/08/2019.
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:  Wholesale and retail sale and distribution of musical instruments and music equipment

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 12/00/2018, and first used in commerce at least as early as 12/00/2018, 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) Screenshot from Website; Images of Products.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-1-6852137157-20190619113156075802_._HB_-_Specimen__1_.pdf
Converted PDF file(s) (1 page)
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 1939674, filed 01/08/2019.
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:
      Kevin P. Hartley and Bill Ferrell and Randy Michels of Trust Tree Legal, P.C.      1321 Adams Street
      Nashville, Tennessee 37208
      United States
      615-469-0451(phone)
      615-469-0451(fax)
      kevin@trust-tree.com (authorized)

The applicant's current Correspondence Information:

Kevin P. Hartley

Trust Tree Legal, P.C.

1321 Adams Street

Nashville, Tennessee 37208

615-469-0451(phone)

615-469-0451(fax)

kevin@trust-tree.com;docket@trust-tree.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 $550 has been submitted with the application, representing payment for 2 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: /Kevin P. Hartley/   Date: 06/19/2019
Signatory's Name: Kevin P. Hartley
Signatory's Position: Attorney of Record, Tennessee Bar Member
Payment Sale Number: 88479672
Payment Accounting Date: 06/19/2019

Serial Number: 88479672
Internet Transmission Date: Wed Jun 19 11:49:47 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019061911494764
1407-88479672-62055be92f36525ced3bd775f7
d4d1d4e6aa5e61cab2dd7f36456ba4821ff2c551
-CC-10655-20190619113156075802