TEAS Plus 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

TEAS Plus Application

Serial Number: 88886995

Filing Date: 04/24/020

To the Commissioner for Trademarks:

MARK: PS (stylized and/or with design, see mark)
The literal element of the mark consists of PS. The mark consists of a stylized letter P adjacent to a stylized letter S, the letters rotated and nested together to create a diamond shape.
The applicant, 1623774 ONTARIO INC., a corporation of Canada, having an address of
      15-400 Spinnaker Way
      Vaughan, Ontario L4K5Y9
      Canada
      XXXX

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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Dietary supplement drink mixes; Dietary supplements in the form of powdered drink mixes; Dietary supplements in the nature of weight loss powders; Dietary and nutritional supplements; Dietary and nutritional supplements containing fatty acids, amino acids, protein, vitamins, minerals, herbs, and mixtures thereof; Dietary and nutritional supplements for protein supplementation, muscle and mass gain, weight loss, weight gain, increased energy, and increased focus; Dietary and nutritional supplements used for weight loss; Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; Nutritional supplements in the form of powders, capsules, caplets, and tablets; Protein supplements; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix containing fatty acids, amino acids, protein, vitamins, minerals, herbs, and mixtures thereof; Protein dietary supplements

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/20/2016, and first used in commerce at least as early as 05/09/2019, 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) photograph showing use of the mark in connection with the recited goods.
Specimen File1




The owner's/holder's proposed attorney information: Sean L. Sweeney. Other appointed attorneys are Taylor A. Noonan. Sean L. Sweeney of Tredecim LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      91-J Auburn Street, #1133
      Portland, Maine 04103
      United States
      207-221-6100 x1(phone)
      617-507-5578(fax)
      sean@tredecimlaw.com
The docket/reference number is 4327-PSlogo.
Sean L. Sweeney 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:

Sean L. Sweeney

PRIMARY EMAIL FOR CORRESPONDENCE: sean@tredecimlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): taylor@tredecimlaw.com; trademark@tredecimlaw.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 $225 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 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: /Sean L. Sweeney/   Date: 04/24/2020
Signatory's Name: Sean L. Sweeney
Signatory's Position: Attorney of record
Signatory's Phone Number: 207-221-6100 x1
Payment Sale Number: 88886995
Payment Accounting Date: 04/24/2020

Serial Number: 88886995
Internet Transmission Date: Fri Apr 24 17:56:56 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20200424175656
817798-88886995-710ef9491cfe9d0742242211
c8af7a61769605838a3acd351fee488503d1a6c4
0-CC-56559477-20200424175403283665