TEAS RF 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

Serial Number: 88356725

Filing Date: 03/26/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The mark consists of the word "smile" with the words "DIRECT CLUB" in a curve below the word "smile".
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

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 009:  Portable selfie lights; magnetically encoded gift cards; gift cards for digital delivery.

In International Class 009, 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 11/05/2018, and first used in commerce at least as early as 11/05/2018, 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 of Applicant's website showing use of the mark on the goods at point of sale. The dates of first use anywhere and first use in commerce specified for International Class 9 pertain to "magnetically encoded gift cards; gift cards for digital delivery".
Specimen File1
Specimen File2

       International Class 014:  Rubber or silicone wristbands in the nature of a bracelet.

In International Class 014, 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 11/21/2018, and first used in commerce at least as early as 11/21/2018, 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 of Applicant's website showing use of the mark on the goods at point of sale.
Specimen File1

       International Class 025:  Clothing, namely, t-shirts, sweatshirts and hoodies.

In International Class 025, 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 11/21/2018, and first used in commerce at least as early as 11/21/2018, 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 of Applicant's website showing use of the mark on the goods at point of sale.
Specimen File1

       International Class 035:  Retail outlets featuring dental impression kits, orthodontic and dental supplies, giftware and access to licensed dental professionals; online retail store services featuring dental impression kits, orthodontic and dental supplies, giftware, gift cards, and clothing and accessories.

In International Class 035, 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 10/00/2016, and first used in commerce at least as early as 10/00/2016, 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 of retail store promoting the services. The dates of first use anywhere and first use in commerce specified for International Class 35 pertain to "Retail outlets featuring dental impression kits, orthodontic and dental supplies, giftware and access to licensed dental professionals".
Specimen File1



The applicant's current Attorney Information:
      Jami A. Gekas and Lisa M. Valenti-Jordan and all other attorneys of Foley & Lardner LLP
      321 North Clark Street
      Suite 2800
      Chicago, Illinois 60654-5313
      United States
      312-832-4500(phone)
      312 832-4700(fax)
      ipdocketing@foley.com (authorized)
The attorney docket/reference number is 116515-5024.

The applicant's current Correspondence Information:

Jami A. Gekas

Foley & Lardner LLP

321 North Clark Street       Suite 2800

Chicago, Illinois 60654-5313

312-832-4500(phone)

312 832-4700(fax)

ipdocketing@foley.com;jgekas@foley.com; lvalenti-jordan@foley.com; jrodriguez@foley.com; smunoz@foley.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 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: /Susan Greenspon/   Date: 03/26/2019
Signatory's Name: Susan Greenspon
Signatory's Position: General Counsel
Payment Sale Number: 88356725
Payment Accounting Date: 03/26/2019

Serial Number: 88356725
Internet Transmission Date: Tue Mar 26 12:27:04 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019032612270490
0191-88356725-6205fcd4c033d21a76f44397b7
a461ecec1e74563cb51333b7f57456d0206524-C
C-10866-20190326114314308192