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: 88722147

Filing Date: 12/10/2019

To the Commissioner for Trademarks:

MARK: ACTIVE (stylized and/or with design, see mark)
The literal element of the mark consists of ACTIVE. The color(s) black, blue and gray is/are claimed as a feature of the mark. The mark consists of The stylized word ACTIVE in gray and black with a blue diamond dotting the "I" in ACTIVE.
The applicant, Optim International LLC, a limited liability company legally organized under the laws of Minnesota, having an address of
      1330 Lagoon Avenue, 4th Floor
      Minneapolis, Minnesota 55408
      United States
      dockmpls@merchantgould.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:

International Class 003:  laundry detergent

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 01/02/2019, and first used in commerce at least as early as 01/02/2019, 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) website page containing photo of product with mark applied thereto.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5912943.


The applicant hereby appoints Scott W. Johnston. Other appointed attorneys are John Clifford; Joe Dubis; Andrew Ehard; Gregory Golla; Lindsay Jones; Danielle Mattessich; Brent Routman; Christopher Schulte and Christopher Stanton.. Scott W. Johnston of Merchant & Gould P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 2910
      Minneapolis, Minnesota 55402
      United States
      612-332-5300(phone)
      612/332-9081(fax)
      dockmpls@merchantgould.com (authorized).
The attorney docket/reference number is 18498.3US01.
Scott W. Johnston 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:

Scott W. Johnston

Merchant & Gould P.C.

P.O. Box 2910

Minneapolis, Minnesota 55402

612-332-5300(phone)

612/332-9081(fax)

dockmpls@merchantgould.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 $275 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: /SWJ/   Date: 12/10/2019
Signatory's Name: Scott W. Johnston
Signatory's Position: Attorney of Record, Minnesota Bar member
Payment Sale Number: 88722147
Payment Accounting Date: 12/10/2019

Serial Number: 88722147
Internet Transmission Date: Tue Dec 10 19:10:12 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019121019101291
8199-88722147-7003b9a92b75b3befca8e46e91
d5763acd49475bd87cf017dfe27b1cf4da2176f-
CC-10112675-20191210175949345844