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: 88545779

Filing Date: 07/29/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of SOOTHE.
The applicant is not claiming color as a feature of the mark. The mark consists of a cloud above the word SOOTHE in a stylized font.
The applicant, TM38 LLC, a limited liability company legally organized under the laws of Pennsylvania, having an address of
      19 East Glenn Circle
      Media, Pennsylvania 19063
      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 003:  Body care and toiletry products, namely, body lotion, cosmetic hand cream, skin moisturizer, moisturizing skin lotions; all of the foregoing containing CBD; nutritional oils for cosmetic purposes containing CBD

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 05/11/2018, and first used in commerce at least as early as 05/11/2018, 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 of the Applicant's website featuring the mark used in direct connection with the goods included in International Class 03 outlined in the Application.

Original PDF file:
SPE0-389822016-20190725174053982138_._SOOTHE_and_Design_Class_3_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 003:  Body care and toiletry products, namely, body wash, hair shampoo, hair conditioner; all of the foregoing containing CBD; non-medicated herbal body care products containing CBD, namely, body oils, salves, and lip balms containing CBD
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.

       International Class 005:  Dietary pet supplements in the form of pet treats containing CBD; Powdered CBD concentrates in the form of edible powders, powder drink mixes, and isolate dabs

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 05/03/2018, and first used in commerce at least as early as 05/03/2018, 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 of the Applicant's website featuring the mark used in direct connection with the goods included in International Class 05 outlined in the Application.

Original PDF file:
SPE0-389822016-20190725174053982138_._SOOTHE_and_Design_Class_5_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 030:  Gummy candies containing CBD

In International Class 030, 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 06/08/2018, and first used in commerce at least as early as 06/08/2018, 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 of the Applicant's website featuring the mark used in direct connection with the goods included in International Class 30 outlined in the Application.

Original PDF file:
SPE0-389822016-20190725174053982138_._SOOTHE_and_Design_Class_30_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 030:  Coffee, coffee-based beverages, tea, tea-based beverages, herbal tea, herbal tea-based beverages; all of the foregoing containing CBD
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.

       International Class 032:  Energy drinks and water containing CBD
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.

       International Class 034:  electronic vaporizer liquid containing CBD for use in electronic vaporizers, including, e-cigarettes, e-cigars, and personal vaporizers, namely, electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges, electronic cigarette liquid (e-liquid) comprised of crystalline cannabidiol, CO2 extractions, terpene blend, and coconut oil; all of the foregoing containing CBD

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 08/07/2017, and first used in commerce at least as early as 08/07/2017, 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 the Applicant's website featuring the mark used in direct connection with the goods included in International Class 34 outlined in the Application.

Original PDF file:
SPE0-389822016-20190725174053982138_._SOOTHE_and_Design_Class_34_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant's current Attorney Information:
      John P. Sullivan and Timothy D. Pecsenye, David M. Perry, Bruce D. George, Lisa Casey Spaniel, Megan E. Spitz, Zachary A. Aria, Matthew A. Homyk, Bradford C. Craig, Shaun J. Bockert, Thomas H. Kelly, Samar Aryani-Sabet and Blake D. Fink of Blank Rome LLP
      8th Floor
      One Logan Square
      Philadelphia, Pennsylvania 19103
      United States
      215-569-5703(phone)
      215-231-0046(fax)
      jsullivan@blankrome.com (authorized)
The attorney docket/reference number is 150769-00101.

The applicant's current Correspondence Information:

John P. Sullivan

Blank Rome LLP

8th Floor       One Logan Square

Philadelphia, Pennsylvania 19103

215-569-5703(phone)

215-231-0046(fax)

jsullivan@blankrome.com;tkelly@blankrome.com; bfink@blankrome.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 $1375 has been submitted with the application, representing payment for 5 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: /Richard Henne/   Date: 07/29/2019
Signatory's Name: Richard Henne
Signatory's Position: Owner
Payment Sale Number: 88545779
Payment Accounting Date: 07/29/2019

Serial Number: 88545779
Internet Transmission Date: Mon Jul 29 11:43:07 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190729114307006
718-88545779-6205fe74dc5a6654ac877cee2a3
b8e093ac7bbe6c35d0c9dcb8ccfb448f31c-CC-4
3054832-20190726123721023677