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: 88804105

Filing Date: 02/20/020

To the Commissioner for Trademarks:

MARK: THE SMART CHOICE (Standard Characters, see mark)
The literal element of the mark consists of THE SMART CHOICE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aqua-Leisure Industries, Inc., a corporation of Massachusetts, having an address of
      525 Bodwell Street
      Avon, Massachusetts 02322
      United States
      customercare@aqualeisure.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 _______: Flotation devices to aid in teaching swimming, namely, training flotation vests; personal flotation devices, namely, life jackets and vests; swim gear, namely, swim goggles, swim masks, and nose clips; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles being protective eyewear; eyeglasses; optical lenses; snorkels; combination swimming mask, snorkel and swim fin sets; earplugs for divers; nose clips for swimming and diving; personal flotation vests; protective wear, namely, face-protection shields; bags specially adapted for carrying snorkel and dive equipment in the nature of snorkels and scuba diving masks; waterproof cases specially adapted for snorkel and dive equipment in the nature of snorkels and scuba diving masks; apparel, namely, swimwear, hats, and rash guards; accessory apparel, namely, hoodies and cover-ups; sun protective wear, namely, board shorts, underarm clothing shields, hats, swimming caps, and gloves; UV resistant wristbands as clothing; swim caps; Flotation devices to aid in teaching swimming, namely, kickboards, body boards, arm floats, floating baby pool seats being swimming aids, baby toy boats; personal floatation devices, namely, inflatable inner tubes with attached swimsuits for aquatic recreational use, swim trainers being swim rings, and foam back swimming floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; water activity toys and games for swim training, namely, play balls, splash balls, dive sticks being water toys, dive rings being water toys, sprinklers, and plush toys; protective wear, namely, board shorts, athletic body striking shields, leg shields being leg guards for athletic use; play swimming pools having a canopy top; pool toys and swimming aids, namely, rafts, floats, tubes, chairs, lounge chairs, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games, namely, ball games for play in and around the water; swim fins; bags specially adapted for carrying dive equipment in the nature of snorkels and flippers for diving; waterproof cases specially adapted for carrying dive equipment in the nature of snorkels and flippers for diving
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.



For informational purposes only, applicant's website address is: www.aqualeisure.com

The owner's/holder's proposed attorney information: Thomas E. Kenney. Thomas E. Kenney of Pierce & Mandell, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 800
      11 Beacon Street
      Boston, Massachusetts 02108
      United States
      617-720-2444(phone)
      617-720-3693(fax)
      tom@piercemandell.com

Thomas E. Kenney 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:

Thomas E. Kenney

PRIMARY EMAIL FOR CORRESPONDENCE: tom@piercemandell.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /tek/   Date: 02/20/2020
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney of record, Massachusetts bar member
Payment Sale Number: 88804105
Payment Accounting Date: 02/20/2020

Serial Number: 88804105
Internet Transmission Date: Thu Feb 20 13:23:31 ET 2020
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XX-20200220132331491
232-88804105-7106c78cf6a6ceeaa5297359c21
4e7cd3579780f03bde41c84f7be5727b9233f9ef
-CC-23305825-20200220131603563135