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: 88679846

Filing Date: 11/04/2019

To the Commissioner for Trademarks:

MARK: NIGHTTIME CLEAR ALIGNERS (stylized and/or with design, see mark)
The literal element of the mark consists of NIGHTTIME CLEAR ALIGNERS. The mark consists of a crescent moon image with two stars above and the words NIGHTTIME CLEAR ALIGNERS to the right of the image.
The applicant, SMILEDIRECTCLUB, LLC, a limited liability company legally organized under the laws of Tennessee, having an address of
      414 Union Street, 8th Floor
      Nashville, Tennessee 37219
      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 010:  Teeth aligners.
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 044:  Teeth aligner therapy services.
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.




The applicant hereby appoints Jami A. Gekas. Other appointed attorneys are all other attorneys of Foley & Lardner LLP. Jami A. Gekas of Foley & Lardner LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      321 North Clark Street, Suite 2800
      Chicago, Illinois 60654-5313
      United States
      312-832-4500(phone)
      312-832-4700(fax)
      ipdocketing@foley.com (authorized).
The attorney docket/reference number is 116515-TBA.
Jami A. Gekas 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:

Jami A. Gekas

Foley & Lardner LLP

321 North Clark Street, Suite 2800

Chicago, Illinois 60654-5313

312-832-4500(phone)

312-832-4700(fax)

ipdocketing@foley.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 $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: /Susan Greenspon/   Date: 11/04/2019
Signatory's Name: Susan Greenspon
Signatory's Position: General Counsel
Payment Sale Number: 88679846
Payment Accounting Date: 11/04/2019

Serial Number: 88679846
Internet Transmission Date: Mon Nov 04 21:47:41 EST 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019110421474100
3677-88679846-70055a91da85fb9d833714a14e
bde6339c05583ddcb6fb9328286d64cc7301f47-
CC-47394474-20191101174205106210