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: 88866506

Filing Date: 04/09/020

To the Commissioner for Trademarks:

MARK: THÉA (Standard Characters, see mark)
The literal element of the mark consists of THÉA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, LABORATOIRES THEA, a société par actions simplifiée (sas) legally organized under the laws of France, having an address of
      Zone Industrielle du Brézet
      12, rue Louis Blériot
      CLERMONT-FERRAND 63100
      France
      +33-(phone)
      USPTOTM@taftlaw.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:  Cosmetic products for the cleaning and care of eyes, eyelashes and eyelids, namely, gels, creams, wipes impregnated with a cleaning and care preparation and lotions for cosmetic purposes for the cleaning and care of eyes, eyelashes and eyelids

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 European Union Trademark - EUTM application number 18222851, filed 04/08/2020.
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 005:  Pharmaceuticals preparations for ophthalmological use ; ophthalmological preparations ; sanitary preparations for ophthalmologic purposes ; food or nutritional supplements for ophthalmologic purposes ; dietetic substances for ophthalmologic purposes; vitamin preparations for ophthalmologic use ; disinfectants for hygienic and sanitary purposes ; collyria ; ophthalmological pomades ; preparations for cleaning contact lenses ; solutions, lotions, creams and gels for pharmaceutical purposes ; antiseptics, analgesics and antibiotics used for ophthalmic purposes

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 European Union Trademark - EUTM application number 18222851, filed 04/08/2020.
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 010:  Surgical and medical apparatus and instruments for ophthalmic use ; artificial eyes; vials for medical use; syringes for surgical and medical use

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 European Union Trademark - EUTM application number 18222851, filed 04/08/2020.
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 041:  Providing of training, publication of books, arranging and conducting educational conferences, colloquia, seminars, conventions, symposia in the field of ophthalmology; organization of exhibitions for training purposes in the field of ophthalmology

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 European Union Trademark - EUTM application number 18222851, filed 04/08/2020.
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 044:  Health care, medical services, hygiene care for humans, pharmaceutical advice ; providing medical advice in the field of ophthalmology

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 European Union Trademark - EUTM application number 18222851, filed 04/08/2020.
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.




The owner's/holder's proposed attorney information: Amy Wright. Other appointed attorneys are Jonathan G. Polak, M. Zach Gordon, Elizabeth Z. Baumhart. Amy Wright of Taft Stettinius & Hollister 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
      One Indiana Square, Suite 3500
      Indianapolis, Indiana 46204
      United States
      317-713-3500(phone)
      317-713-3699(fax)
      efstrademarks@taftlaw.com
The docket/reference number is LAB08-00218.
Amy Wright 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:

Amy Wright

PRIMARY EMAIL FOR CORRESPONDENCE: efstrademarks@taftlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): awright@taftlaw.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 $1375 has been submitted with the application, representing payment for 5 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Amy Wright/   Date: 04/09/2020
Signatory's Name: Amy Wright
Signatory's Position: Attorney of Record, IN Bar Member
Payment Sale Number: 88866506
Payment Accounting Date: 04/09/2020

Serial Number: 88866506
Internet Transmission Date: Thu Apr 09 19:09:01 ET 2020
TEAS Stamp: USPTO/BAS-X.XX.XXX.X-2020040919090108510
4-88866506-710a8e93b2eab94f2f054f8ce47e5
9f78b6f83f94d1ca9942b535f78d599e70a59d-D
A-09003594-20200409190700292531