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: 88792746

Filing Date: 02/11/2020

To the Commissioner for Trademarks:

MARK: EMPIRE SUITES (Standard Characters, see mark)
The literal element of the mark consists of EMPIRE SUITES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Empire Communities Corp., a corporation of Canada, having an address of
      125 Villarboit Crescent
      Vaughan L4K4K2
      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 043:  Rental of rooms as temporary living accommodation; rental of rooms as temporary living accommodation within condominiums; rental of apartments; hotel accommodation services; booking of hotel accommodation; Rental of real estate in the nature of residential homes; rental of residential housing, condominium units, townhomes; sale of residential units; sale of residential condominium units; sale and leasing of commercial and retail premises; providing information relating to real estate through a global electronic communication network including, without limitation, the internet and wireless communication networks, in particular in relation with the sale, rental, and ownership of residential properties; providing information in the field of the rental and purchase of new homes and condominiums via an Internet website portal.

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 1980365, filed 08/13/2019.
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 043:  Rental of rooms as temporary living accommodation; rental of rooms as temporary living accommodation within condominiums; rental of apartments; hotel accommodation services; booking of hotel accommodation; Rental of real estate in the nature of residential homes; rental of residential housing, condominium units, townhomes; sale of residential units; sale of residential condominium units; sale and leasing of commercial and retail premises; providing information relating to real estate through a global electronic communication network including, without limitation, the internet and wireless communication networks, in particular in relation with the sale, rental, and ownership of residential properties; providing information in the field of the rental and purchase of new homes and condominiums via an Internet website portal.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4509342, 3390532, 5150283, and others.

Miscellaneous Statement
Continuation of Active Prior Registrations: 5150286; 5279064; 5778587


The applicant hereby appoints Stephen B. Samlan. Other appointed attorneys are Alan B. Samlan and David J. Hurley. Stephen B. Samlan of Knechtel, Demeur & Samlan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 2360
      525 W. Monroe St.
      Chicago, Illinois 60661
      United States
      312-655-9900(phone)
      312-655-1917(fax)
      sbsamlan@kdslaw.com (authorized).

Stephen B. Samlan 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:

Stephen B. Samlan

Knechtel, Demeur & Samlan

Suite 2360       525 W. Monroe St.

Chicago, Illinois 60661

312-655-9900(phone)

312-655-1917(fax)

sbsamlan@kdslaw.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: /Stephen B. Samlan/   Date: 02/11/2020
Signatory's Name: Stephen B. Samlan
Signatory's Position: Attorney of record, Illinois bar member
Payment Sale Number: 88792746
Payment Accounting Date: 02/11/2020

Serial Number: 88792746
Internet Transmission Date: Tue Feb 11 13:50:28 EST 2020
TEAS Stamp: USPTO/BAS-XX.XXX.X.XX-202002111350288738
24-88792746-700bb63f728e684e383f7753985e
cee7f81a1baaa9e1db5dbe78da9495dba6fef-CC
-50270465-20200211130204679067