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: 88579127

Filing Date: 08/14/2019

To the Commissioner for Trademarks:

MARK: HABIT (Standard Characters, see mark)
The literal element of the mark consists of HABIT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Habit Cosmetics, LLC, a limited liability company legally organized under the laws of California, having an address of
      3415
      Cross Creek Road
      Malibu, California 90265
      United States
      323-359-8049(phone)
      aja@habitcosmetics.com

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 003:  Facial make-up; Nail paint; Nail varnish for cosmetic purposes

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 003, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2010, and first used in commerce at least as early as 06/01/2013, 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) Images of the mark in use in commerce on nail polish and facial makeup for purchase on Applicant's website..
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4460144.

Concurrent use
Concurrent use information. Applicant has entered into a Consent Agreement with US Registrant No. 4804361

Miscellaneous Statement
Applicant attaches a Fully Executed Consent Agreement with Giovanni Cosmetics, Inc., owner of US Registration 4804361.

Original PDF file:
MIS-65203133225-20190814172908794072_._061819_-_Consent_Agreement__Fully_Executed__USPTO_.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

For informational purposes only, applicant's website address is: www.habitcosmetics.com
The applicant hereby appoints Manoj N. Shah. Manoj N. Shah of The Fashion Law Group, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      #946
      811 West 7th Street
      Los Angeles, California 90017
      United States
      213-458-1818(phone)
      213-283-3933(fax)
      m@thefashionlawgroup.com (authorized).

Manoj N. Shah submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

Manoj N. Shah

The Fashion Law Group, P.C.

#946       811 West 7th Street

Los Angeles, California 90017

213-458-1818(phone)

213-283-3933(fax)

m@thefashionlawgroup.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /Manoj N. Shah/   Date: 08/14/2019
Signatory's Name: Manoj N. Shah
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 213-458-1818
Payment Sale Number: 88579127
Payment Accounting Date: 08/14/2019

Serial Number: 88579127
Internet Transmission Date: Wed Aug 14 17:46:20 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201908141746207
32455-88579127-610d26e7c79948091b866cd5f
259dc707e973f488cd82d1123fb01d18dce98d85
-CC-46199018-20190814172908794072