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: 88817238

Filing Date: 03/02/020

To the Commissioner for Trademarks:

MARK: SMILE DIRECT CLUB (Standard Characters, see mark)
The literal element of the mark consists of SMILE DIRECT CLUB. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SmileDirectClub, LLC, a limited liability company legally organized under the laws of Tennessee, having an address of
      414 Union Street, 8th Floor
      Nashville, Tennessee 37219
      United States
      trademarks@smiledirectclub.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 021:  Toothbrushes; dental flossers; electric toothbrush replacement heads; replacement heads for electric dental flossers

In International Class 021, 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 12/16/2019, and first used in commerce at least as early as 12/16/2019, 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) screenshot and excerpt of Applicant's website showing use of the mark at point of sale, and also containing photographs of the products bearing the mark. The dates of first use anywhere and first use in commerce specified for International Class 21 pertains to "toothbrushes" and "electric toothbrush replacement heads".

Original PDF file:
SPE0-3814212710-20200225125102302550_._class_21.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-3814212710-20200225125102302550_._cl._21.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5866425 and 5866424.


The owner's/holder's proposed attorney information: Jami A. Gekas. Other appointed attorneys are AJ Schumacher and all other attorneys of Foley & Lardner LLP. Jami A. Gekas of Foley & Lardner 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
      Suite 3000
      321 North Clark Street
      Chicago, Illinois 60654-4762
      United States
      312-832-4500(phone)
      312 832-4700(fax)
      ipdocketing@foley.com
The docket/reference number is 116515-5340.
Jami A. Gekas 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:

Jami A. Gekas

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jgekas@foley.com; jrodriguez@foley.com; smunoz@foley.com 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: /Melissa Smith/   Date: 03/02/2020
Signatory's Name: Melissa Smith
Signatory's Position: Senior Counsel, Intellectual Property
Payment Sale Number: 88817238
Payment Accounting Date: 03/02/2020

Serial Number: 88817238
Internet Transmission Date: Mon Mar 02 14:40:23 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020030214402307
3820-88817238-710f615bbdd94b3bda669bc21a
088793129e5552a9b5c75bed92c793d2dee8aa6b
-CC-40211081-20200228134438386941