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: 90079762

Filing Date: 07/29/2020

To the Commissioner for Trademarks:

MARK: Smile Mask (Standard Characters, see mark)
The literal element of the mark consists of Smile Mask. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Daryl Harr, a citizen of Canada, having an address of
      505-10221 111 St NW
      Edmonton, AB T5K2W5
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 010:  Disposable sanitary masks for protection against viral infection; Face shields for medical use; Fashion masks being sanitary masks for protection against viral infection; Reusable sanitary masks for protection against viral infection
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. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2037262, filed 07/01/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.



Miscellaneous Statement
Please find attached the document consisting of the amended application for the registration of the 2037262 Smile Mask trademark in Canada, showing the addition of class 10.

Original PDF file:
MIS-81180227114-202007290 51201645435_._Canadian_Ap plication_SMILEMASK_7_17_ 20.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2


The owner's/holder's proposed attorney information: Paul Cosmovici. Paul Cosmovici, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      244 Madison Avenue
      New York City, New York 10016-2817
      United States
      usmark@cosmovici-ip.com
The docket/reference number is 8025.
Paul Cosmovici 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:

Paul Cosmovici

PRIMARY EMAIL FOR CORRESPONDENCE: usmark@cosmovici-ip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usmark@cosmovici-ip.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: /Paul Cosmovici/   Date: 07/29/2020
Signatory's Name: Paul Cosmovici
Signatory's Position: Attorney of record, New York Bar member
Payment Sale Number: 90079762
Payment Accounting Date: 07/29/2020

Serial Number: 90079762
Internet Transmission Date: Wed Jul 29 05:35:05 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202007290535050
54237-90079762-74059c0969d90e95298a694f6
25c2d1686467c2226be58933eda8219d79fd7721
2-CC-35036834-20200729051201645435