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: 90040395

Filing Date: 07/07/020

To the Commissioner for Trademarks:

MARK: Earthians Care (stylized and/or with design, see mark)
The literal element of the mark consists of Earthians Care. The color(s) blues, green, medium brown, white is/are claimed as a feature of the mark. The mark consists of an image of the Earth shaped like a heart. This heart shaped earth is atop a hand--with thumb, index and middle fingers evident, palm up, cupped to cradle the Earth--extended perpendicular from the wrist, roughly 3/5ths of the forearm shown then fading to obscurity. Evidence of a slight portion of the Pacific Ocean is apparent to the far left of this Earth; North America, Central America and South America then extend from the Pacific Ocean to cover much of the left 1/3 of the Earth; the Atlantic Ocean is in the middle; to the immediate right of the Atlantic Ocean is Europe and Africa; in the upper right portion of the Earth is much of Asia; to the left of Africa and below Asia, covering the central-right-bottom of the Earth is the Pacific Ocean; to the left of Africa is a portion of Madagascar. The words "Earthians Care" are centered beneath the hand near the bottom of the image, "Earthians" is placed above "Care". The Earth is of green continents, oceans in differing shades of iridescent blue, with translucent white conveying the rays of the sun and a very thin white line to highlight much of the continents' perimeters, the hand and forearm are a medium brown, the letters are in a green consistent with the color of the continents.
The applicants, Mitchell S. Gagos, AKA Earthians Care, a citizen of United States, having an address of
      1319 J Street
      Modesto, California 95354
      United States
      209-577-2832(phone)
      2095774875(fax)
      XXXX
Domiciled at: XXXX
Quinn Akeby Gagos, AKA Earthians Care, a citizen of United States, having an address of
      10543 Dixon Road
      Oakdale, California 95361
      United States
      209-840-3479(phone)
      2095774875(fax)
      XXXX
request 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 035:  Charitable services, namely, promoting environmental awareness to children; Developing advertising campaigns for others geared toward environmental issues; Promoting health and environmental awareness within people so that they can lead a clean and healthy life; Promoting public awareness of environmental issues and initiatives

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 05/29/2012, and first used in commerce at least as early as 05/29/2012, and is now in use in such commerce. The applicants are 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) Two Specimens: 1) Cover Page of Earthians Care July 2020 Newsletter; 2) Example of use in marketing--notice of opportunity for those seeking to volunteer..

Original PDF file:
SPE0-1-10885254252-20200707190202079315_._ns_Care_-_Notice_of_Opportunity_To_Contribute_To_Publication.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-10885254252-20200707190202079315_._Earthians_Care_-_Example_of_Requested_Trademark_in_Use.pdf
Converted PDF file(s) (1 page)
Specimen File1




For informational purposes only, applicant's website address is: http://earthianscare.com/

The applicant's current Correspondence Information:

Mitchell S. Gagos

PRIMARY EMAIL FOR CORRESPONDENCE: MITCHGAGOS@AOL.COM        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): earthianscare@aol.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: /Mitchell S. Gagos/   Date: 07/07/2020
Signatory's Name: Mitchell S. Gagos
Signatory's Position: Owners
Signature: /Quinn Akeby Gagos/   Date: 07/07/2020
Signatory's Name: Quinn Akeby Gagos
Signatory's Position: Owners
Payment Sale Number: 90040395
Payment Accounting Date: 07/07/2020

Serial Number: 90040395
Internet Transmission Date: Tue Jul 07 21:10:59 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202007072110592
32826-90040395-710e57fc7a342510c04d291fd
941bc3de0a341563e786121a64bbb4bf8c1e8-CC
-10572765-20200707190202079315