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: 90112223

Filing Date: 08/13/2020

To the Commissioner for Trademarks:

MARK: eNURSE LIVELINK AVAILABLE 24/7 (stylized and/or with design, see mark)
The literal element of the mark consists of eNURSE LIVELINK AVAILABLE 24/7. The mark consists of the word "eNURSE" on a first line (lower case "e" and "NURSE" in all caps), with the "e" partially superimposed on a faceless drawing of a head wearing a nurse's cap. On a second, lower line, the word "LIVELINK" with the "LIVE" element in lettering the same thickness as the word "NURSE" above it and the "LINK" element in thinner lettering, positioned such that the "E" in "NURSE" is directly above the "E" in "LIVE." The top of the "I" in "LINK" broadens into a circle topped by a first curved line tracing the top half of the circle, which in turn is topped by six progressively wider curved lines, such that the "I" together with the curved lines suggest the image of a flashlight emitting light rays or an antenna and radio waves. A third, still lower line, directly below and the same width as the line above it, begins and ends with dashes containing the phrase "AVAILABLE 24/7".
The applicant, First Quality Products, Inc., a corporation of New York, having an address of
      Suite 500
      80 Cuttermill Road
      Great Neck, New York 11021
      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:

International Class 044:  providing information and consulting services in the field of adult incontinence
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.




The owner's/holder's proposed attorney information: Holly Pekowsky, Esq.. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Mark Berkowitz, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski and Albert J. Boardman. Recognized Canadian attorney(s)/agent(s) is/are Neil M. Zipkin, Esq.. Holly Pekowsky, Esq. of Amster, Rothstein & Ebenstein LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      21st Floor
      90 Park Avenue
      New York, New York 10016
      United States
      212-336-8000(phone)
      212 336 8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 34304/560.
Holly Pekowsky, Esq. 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:

Holly Pekowsky, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Holly Pekowsky, Esq./   Date: 08/13/2020
Signatory's Name: Holly Pekowsky, Esq.
Signatory's Position: attorney of record; New York State Bar member
Payment Sale Number: 90112223
Payment Accounting Date: 08/13/2020

Serial Number: 90112223
Internet Transmission Date: Thu Aug 13 14:49:36 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202008131449367
32323-90112223-74017386d7249bc77deb8867a
49b6699f5e4e4245dba7d07b772b965fa9175d4a
-CC-49354680-20200813143533027460