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: 88958059

Filing Date: 06/10/020

To the Commissioner for Trademarks:

MARK: HIGH WAVE (stylized and/or with design, see mark)
The literal element of the mark consists of HIGH WAVE. The applicant is not claiming color as a feature of the mark. The mark consists of the word "HIGH" written in stylized letters at a slight incline with the letter "H" written in uppercase with the crossbar of the letter "H" in a squiggly line and the rest of the letters written in lowercase letters with the letter "I's" tittle connected to its stem and underneath starting under the second "G" in "HIGH" is the word "WAVE" also written in stylized letters at a slight incline with the letter "W" written in uppercase and the rest of the letters written in lowercase letters. Underneath the "WAVE" are five stars with the largest centered underneath the "W" in the word "WAVE" and two stars placed to the left and two stars placed to the right of the largest star. Placed over the "I" in "HIGH" and extending to just over the "V" in "WAVE" is a design of a large crab tilted diagonally to the right.
The applicant, Tivory USA LLC, a limited liability company legally organized under the laws of Florida, having an address of
      10711 SW 104 Street
      Miami, Florida 33176
      United States
      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:

International Class 029:  crab meat
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 owner's/holder's proposed attorney information: Jorge Espinosa. Other appointed attorneys are Francesca Russo, Elio F. Martinez, Jr., Robert Jimenez. Jorge Espinosa of GrayRobinson PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      333 S.E. 2nd Avenue, Suite 3200
      Miami, Florida 33131
      United States
      305-415-6880(phone)
      305-416-6887(fax)
      miatm@gray-robinson.com
The docket/reference number is 68239-8.
Jorge Espinosa 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:

Jorge Espinosa

PRIMARY EMAIL FOR CORRESPONDENCE: miatm@gray-robinson.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jorge.espinosa@gray-robinson.com; monica.gavilan@gray-robinson.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 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: /Jorge Espinosa/   Date: 06/10/2020
Signatory's Name: Espinosa, Jorge
Signatory's Position: Attorney of record, Florida Bar Member
Payment Sale Number: 88958059
Payment Accounting Date: 06/10/2020

Serial Number: 88958059
Internet Transmission Date: Wed Jun 10 15:04:39 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202006101504397
02233-88958059-71070645918221d129524b1c0
ce95ae99fdaad9405cdc37de8f14e941bb1ae4e6
81-CC-04387393-20200609113610399080