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: 88689338

Filing Date: 11/12/2019

To the Commissioner for Trademarks:

MARK: EARTH REMEDIES (Standard Characters, see mark)
The literal element of the mark consists of EARTH REMEDIES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Neptune Wellness Solutions Inc., a corporation of Canada, having an address of
      545 Promenade du Centropolis, bureau 100
      Laval, Quebec H7T0A3
      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 003:  Cosmetic preparations for humans and animals; cosmetic preparations for topical use on skin, hair, and lips; cosmetic preparations containing extracts of industrial hemp with phytocannabinoids and not more than 0.3% thc, namely, in the form of ointments, lip balms, body balms, salves, topical creams, lotions, bath melts, gels, sprays, massage oils, lotions, and gels; cleaning preparations
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.

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 1990881, filed 10/17/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 005:  Dietary supplements for humans and animals; dietary supplements containing extracts of industrial hemp with phytocannabinoids and not more than 0.3% thc, namely, in the form of liquids, oils, capsules, tablets, caplets, powders, gummies, soft chews, sprays, tinctures, syrups, bars, and edible pet treats
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.

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 1990881, filed 10/17/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 034:  Extracts of industrial hemp with phytocannabinoids and not more than 0.3% thc for use in liquids for electronic cigarettes and oral vaporizers
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.

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 1990881, filed 10/17/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Online retail store featuring products containing extracts of industrial hemp with phytocannabinoids and not more than 0.3% thc, namely, in the form of liquids, oils, capsules, tablets, caplets, powders, gummies, soft chews, sprays, tinctures, syrups, bars, edible pet treats, ointments, lip balms, body balms, salves, topical creams, lotions, bath melts, gels, sprays, massage oils, lotions, and gels, and liquids for electronic cigarettes and oral vaporizers; website featuring consumer information about the endocannabinoid system and products containing extracts of industrial hemp and phytocannabinoids
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.

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 1990881, filed 10/17/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 040:  Manufacturing services for others in the field of industrial hemp processing and extraction; extraction, purification, product formulation and processing of industrial hemp and its constituents; processing industrial hemp and its constituents into industrial hemp extract; extraction of chemicals from industrial hemp; all of the aforementioned for industrial hemp which complies with federal law in all respects.
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.

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 1990881, filed 10/17/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Hemp product research services, namely, the discovery, characterization, and development of new products, new formulations and analytical techniques; High quality manufacturing services for extracting natural extracts from hemp, and manufacturing such extracts into delivery systems, namely, capsules, tablet, liquid, powder form, ointments, lip balms, body balms, topical creams, lotions, bath melts, gels, and sprays
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.

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 1990881, filed 10/17/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant hereby appoints Howard N. Aronson. Other appointed attorneys are Nancy Dwyer Chapman, Cathy E. Shore-Sirotin, Eileen C. DeVries, Lindsey S. Leibowitz. Howard N. Aronson of Lackenbach Siegel 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
      Lackenbach Siegel Building
      1 Chase Rd
      Scarsdale, New York 10583-4156
      United States
      914-723-4300(phone)
      914 723 4301(fax)
      tmefs@lsllp.com (authorized).
The attorney docket/reference number is 21854.
Howard N. Aronson 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 hereby appoints Howard N. Aronson of Lackenbach Siegel LLP
      1 Chase Rd
      Lackenbach Siegel Building
      Scarsdale New York 10583-4156
      United States
      914-723-4300(phone)
      914 723 4301(fax)
      tmefs@lsllp.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Howard N. Aronson, Nancy Dwyer Chapman, Cathy E. Shore-Sirotin, Eileen C. DeVries

Lackenbach Siegel LLP

Lackenbach Siegel Building       1 Chase Rd

Scarsdale, New York 10583-4156

914-723-4300(phone)

914 723 4301(fax)

tmefs@lsllp.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 $1650 has been submitted with the application, representing payment for 6 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: /Nancy Dwyer Chapman/   Date: 11/12/2019
Signatory's Name: Nancy Dwyer Chapman
Signatory's Position: Attorney of record, NYS bar member
Payment Sale Number: 88689338
Payment Accounting Date: 11/12/2019

Serial Number: 88689338
Internet Transmission Date: Tue Nov 12 15:06:55 EST 2019
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XXX-2019111215065566
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5ceae8dfc703b7ee039c24379a8592bbe58b3-CC
-06549161-20191112143801741059