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: 88623345

Filing Date: 09/19/2019

To the Commissioner for Trademarks:

MARK: MARTHA STEWART (Standard Characters, see mark)
The literal element of the mark consists of MARTHA STEWART. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Martha Stewart Living Omnimedia, Inc., a corporation of Delaware, having an address of
      9th FLoor
      601 West 26th Street
      New York, New York 10001
      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:  Non-medicated grooming preparations for cats, dogs and pets, namely, shampoos, conditioners, soaps, cream rinses, body spray, detanglers, lotions, freshening sprays, skin grooming powder, coat enhancement powders and sprays, liquid appearance enhancers, pre-moistened wipes; Odor removers for pets; pet stain removers

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 06/00/2018, and first used in commerce at least as early as 06/00/2018, 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) screenshots from Internet website captured on September 19, 2019 offering for sale goods under and bearing the mark.
Specimen File1
Specimen File2

International Class 016:  Pet waste bags, namely, plastic bags for disposing of pet waste

In International Class 016, 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 06/00/2018, and first used in commerce at least as early as 06/00/2018, 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 Internet website captured on September 19, 2019 offering for sale goods under and bearing the mark.
Specimen File1

International Class 027:  Pet feeding mats; pet litter pan floor mats

In International Class 027, 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 06/00/2018, and first used in commerce at least as early as 06/00/2018, 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) digital photograph of goods in packaging bearing the mark.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1709962, 2208568, 4150507, and others.


The applicant hereby appoints Theodore R. Remaklus. Other appointed attorneys are Kathryn E. Smith, Sarah Otte Graber, Lori Krafte, Glenn D. Bellamy, Sean K. Owens, Michael G. Frey. Theodore R. Remaklus of Wood, Herron & Evans, L.L.P., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
      513-241-2324(phone)
      5132416234(fax)
      tremaklus@whe-law.com (authorized).
The attorney docket/reference number is MSTEW-348.
Theodore R. Remaklus submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Theodore R. Remaklus

Wood, Herron & Evans, L.L.P.

2700 Carew Tower       441 Vine Street

Cincinnati, Ohio 45202

513-241-2324(phone)

5132416234(fax)

tremaklus@whe-law.com; usptodock@whe-law.com; bdrambarean@whe-law.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, 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 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 $825 has been submitted with the application, representing payment for 3 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: /theodore r remaklus/   Date: 09/19/2019
Signatory's Name: Theodore R. Remaklus
Signatory's Position: Attorney for Applicant, Ohio bar member
Payment Sale Number: 88623345
Payment Accounting Date: 09/19/2019

Serial Number: 88623345
Internet Transmission Date: Thu Sep 19 15:01:07 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201909191501070
87971-88623345-610d9afb364a68776a32ee6dd
ff3477b5f147d146bf123013abb2f72f6fe4cc01
0-CC-01060410-20190919145027745436