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: 90067577

Filing Date: 07/22/2020

To the Commissioner for Trademarks:

MARK: CLEARLY (Standard Characters, see below )

The literal element of the mark consists of CLEARLY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, EssilorLuxottica Canada Inc., a corporation of Canada, having an address of
      371, Deslauriers
      St-Laurent, QC H4N1W2
      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:

International Class 002:  Protective coatings and anti-reflective coatings for ophthalmic lenses;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-2071648551-122013968_ ._CLEARLY__CANADA__-_Cert ificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 003:  Eye cream; eye gels; non-medicated eye serum containing antioxidants; eyewear cleaning kits comprised of cleaning fluid and a cleaning cloth;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-1-2071648551-12201396 8_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 005:  Cleaning solutions, cleaning preparations, disinfectants, solutions and wetting solutions for eyeglasses, spectacles, sunglasses and contact lenses; cleaning agents for contact lenses; eye drops; eye compresses; eye washes; irrigating solutions for eye use; ophthalmic preparations;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-2-2071648551-12201396 8_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 009:  Eyewear namely prescription glasses; eyeglasses; sunglasses; contact lenses; frames for eyeglasses and sunglasses; optical lenses for eyeglasses and sunglasses; eyewear; eyewear accessories namely, cases, containers, chains, straps, lanyards, cords and pouches for eyeglasses and sunglasses; contact lens cases, containers and pouches; protective eye pieces; eye covers for protective purposes; safety eyewear; eyeglasses and goggles adapted to protect the eyes from accident and injury; sports eyewear; swimming goggles; prescription goggles for sports; side guards for eyeglasses;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-2-2071648551-16595179 0_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 010:  Eye droppers; therapeutic eye hydration goggles for the treatment of dry eyes;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-3-2071648551-16595179 0_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 021:  Eyeglass cleaning cloths;
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.
Based on Foreign Registration: 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, and will submit a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

International Class 035:  Retail sale, online retail sale and retail store services featuring optical goods namely eyewear, eyeglasses, sunglasses, contact lenses, eye care products namely eye drops, contact lens solution, contact lens disinfectants, cleaning agents for contact lenses, ophthalmic preparations, swimming goggles, eyeglasses and goggles adapted to protect the eyes from accident and injury, and protective eyewear namely protective eyeglasses and sports eyewear, and eyewear accessories; promoting the sale of goods and services of others by means of contests and incentive award programs; promoting the sale of goods and services of others through the distribution of printed material and promotional contests; advertising the goods and services of others; providing advertising, marketing and promotional services for the benefit of others, namely, development of advertising campaigns provided through cable television broadcast, web casts, radio broadcasts, newspapers, magazines, online banners, outdoor billboards, wild postings, bus and subway ads; promoting public awareness of the need to eliminate poor vision and its lifelong consequences;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-4-2071648551-16595179 0_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 040:  Contact lens tinting; grinding and polishing glass for eyeglasses; optical glass and lens grinding;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-5-2071648551-16595179 0_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 044:  Providing information in the field of eyewear , eye care, optometry and ophthalmology; optometry services; optical laboratories; optical laboratories that design prescription eyeglass frames and lens; charitable services, namely, providing health care services in the nature of ophthalmology services to those in need; eyeglass fitting; fitting of optical lenses; opticians' services; information and consultancy relating to visual correction and comfort; charitable services, namely, providing eyeglasses to those in need;
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA1,005,166, and/or proof of renewal, registered 09/19/2018 with a renewal date of __________ and an expiration date of 09/19/2033, and translation thereof, if appropriate.

Original PDF file:
reg-6-2071648551-16595179 0_._CLEARLY__CANADA__-_Ce rtificate_of_Registration.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.


Miscellaneous Statement
Applicant has appointed Michael Pampalone of Pampalone Law as its U.S. licensed attorney to represent it, along with Trisha A. Dore of Richards Buell Sutton LLP, Applicant's OED Canadian Authorized Representative, in connection with the prosecution of the instant pending application before the USPTO. The attached executed signed application by the Applicant is being submitted by Trisha A. Doré of Richards Buell Sutton LLP who is recognized by the OED.


The applicant hereby appoints Michael Pampalone of Pampalone Law
      6695 Broadway
      Merrillville Indiana 46410
      United States
      michael@pamplaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.
The docket/reference number is 38443-0057.

The applicant's current Correspondence Information:

EssilorLuxottica Canada Inc.

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@rbs.ca        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tdore@rbs.ca; kbinder@rbs.ca; lfacundo@rbs.ca 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 $2475 has been submitted with the application, representing payment for 9 class(es).

Declaration

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT18\IMAGEOUT18\900\675\90067577\xml1\APP0027.JPG



Signatory's Name: /Alice Duclos-Aubin/
Signatory's Position: Corporate Counsel
Payment Sale Number: 90067577
Payment Accounting Date: 07/22/2020

Serial Number: 90067577
Internet Transmission Date: Wed Jul 22 16:39:13 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2020072216391300
0516-90067577-740587441be1390f52f5d17356
d52d87ea82f5b097644e8365e2f259a4faea8bb3
-CC-39113242-20200722162912655350