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: 90016979

Filing Date: 06/23/020

To the Commissioner for Trademarks:

MARK: MAGTEIN (stylized and/or with design, see mark)
The literal element of the mark consists of MAGTEIN. The mark consists of they stylized wording MAGTEIN THINK CLEARLY, wherein the letter "i" in the MAGTEIN wording has an additional mark above the dot, comprising the tail of a swirl which encompasses the entire wording.
The applicant, Magceutics, Inc., a corporation of California, having an address of
      3159 Corporate Place
      Hayward, California 94545
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Dietary and nutritional supplements; Nutraceuticals for use as a dietary supplement; Nutraceuticals for use as a dietary supplement for supplementation as a food ingredient

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 07/00/2017, and first used in commerce at least as early as 07/00/2017, 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 website displaying goods for sale.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-205185192134-20200623064219090866_._MAGTEIN_walmart.pdf
Converted PDF file(s) (1 page)
Specimen File1




The owner's/holder's proposed attorney information: Elizabeth Oliner. Elizabeth Oliner of OLINER LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      345 Grove Street, 2nd Floor
      San Francisco, California 94102
      United States
      650-549-5298(phone)
      866-401-5985(fax)
      liz@olinerlaw.com

Elizabeth Oliner 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:

Elizabeth Oliner

PRIMARY EMAIL FOR CORRESPONDENCE: liz@olinerlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@olinerlaw.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: /ejo/   Date: 06/23/2020
Signatory's Name: Elizabeth Oliner
Signatory's Position: Attorney of record, California Bar Member
Signatory's Phone Number: 650-549-5298
Payment Sale Number: 90016979
Payment Accounting Date: 06/23/2020

Serial Number: 90016979
Internet Transmission Date: Tue Jun 23 19:24:42 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20200623192442
952516-90016979-710a7689d3b5acd1bfeeb37b
5c152e5f3ada3fb8cac78e43c9b5eb47836f8c7e
1-CC-24417945-20200623064219090866