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: 88794434

Filing Date: 02/12/2020

To the Commissioner for Trademarks:

MARK: SIMPLY KIND HEARTED (stylized and/or with design, see mark)
The literal element of the mark consists of SIMPLY KIND HEARTED. The mark consists of the words "SIMPLY KIND HEARTED" in stylized print surrounded by a heart design with a dark background; the design of a dog standing with one paw raised appears below the wording at the bottom of the heart, the heart is outlined by a second heart shaped line.
The applicant, H. von Gimborn GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Albert-Einstein-Str. 6
      Emmerich am Rhein 46446
      Germany

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:  Bleaching preparations for laundry use, detergents, soaps and fabric conditioners for laundry use; Cleaning, polishing, scouring and abrasive preparations; Non-medicated soaps; Pet fragrances, perfumes for pets, air fragrancing preparations, essential oils, room deodorants, scented fabric refresher sprays, carpet cleaners with deodorizers, all-purpose cleaning preparations with deodorizing properties; Cosmetic preparations, hair lotions; Dentifrices, non-medicated dental preparations for animals, non-medicated grooming preparations for animals, non-medicated mouthwashes for animals, breath freshening spray for animals; Shampoos for pets, deodorants for animals
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 005:  Sanitary preparations for medical purposes; Dietetic foods and beverages adapted for medical and veterinary use, dietetic infusions for medical and veterinary use; Medicated supplements for foodstuffs for animals, animal feed additives for use as a nutritional supplements; Vitamin and mineral supplements for mixing with animal foodstuffs; Vitamin, protein, calcium and mineral supplements for animals, and electrolyte replacement solutions, all for medical purposes and as additives for foodstuffs for animals; all the aforesaid goods in particular for administering to small animals, including rodents, dogs and cats; Animal feed supplements; Fungicides; Flea and tick collars, flea and tick powders and flea and tick sprays for pets and cattle, insect repellants, insect exterminating agents; Medicated shampoo and medicated grooming preparations for animals; All-purpose disinfectants; Animal feed supplements, not for veterinary purposes; Supplements for animal foodstuffs, mineral animal feed supplements, not for medical purposes; Preparations of fruits, vegetables and potatoes for use as animal feed supplements, not for medical purposes; Foodstuffs for use as additives to fodder
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 031:  Fresh fruits and vegetables, potatoes and preparations made from these goods being non-medical foodstuffs for animals; Unprocessed edible seeds, live plants and flowers; Foodstuffs for animals, including foodstuffs for rodents, dogs, cats, birds and fish, pet biscuits, small delicacies and reward snacks for pets, and pet treats; Pet food, food for animals, animal feed, mixed animal feed, strengthening animal feed, rearing animal feed, mineral animal feed; Edible playthings for animals, in particular chewing bones, digestible chewing bones and consumable pet chews; Malt for animal feed; Cellulose, clay, silicate and other inorganic materials, paper, wood shavings, loose hemp, and cut straw all for use as animal bedding; Animal litter
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 Marie-Anne Mastrovito. Other appointed attorneys are Lawrence E. Abelman, Julie B. Seyler, Julianne Abelman, Frank Terranella, Erica Halstead. Marie-Anne Mastrovito of Abelman, Frayne & Schwab, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10th Floor
      666 Third Avenue
      New York, New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com (authorized).
The attorney docket/reference number is 880133.
Marie-Anne Mastrovito 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 Marie-Anne Mastrovito of Abelman, Frayne & Schwab
      666 Third Avenue
      10th Floor
      New York New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.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:

Marie-Anne Mastrovito

Abelman, Frayne & Schwab

10th Floor       666 Third Avenue

New York, New York 10017

212-949-9022(phone)

212-949-9190(fax)

docket@lawabel.com; mamastrovito@lawabel.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: /MAMastrovito/   Date: 02/12/2020
Signatory's Name: Marie-Anne Mastrovito
Signatory's Position: Attorney for Owner, New York Bar member (No. 2576411--1993)
Payment Sale Number: 88794434
Payment Accounting Date: 02/12/2020

Serial Number: 88794434
Internet Transmission Date: Wed Feb 12 13:25:53 EST 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200212132553829
074-88794434-700ebe468df3fde4ee598637db0
27afe4384d1204b41b7a0d83b2eda35293b5-CC-
25523602-20200212122721393330