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: 90138010

Filing Date: 08/26/2020

To the Commissioner for Trademarks:

MARK: ENSO (Standard Characters, see mark)
The literal element of the mark consists of ENSO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BUDDHA BOARD INC.,, a corporation of Canada, having an address of
      1529 W. 6th Ave. - Suite 103
      Vancouver, BC V6J1R1
      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 009:  Computer games; downloadable applications for handheld computers to download video games; applications for mobile phones in the form of downloadable video games
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.

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 2,013,995, filed 02/26/2020.
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.


International Class 016:  Art kits containing an art board of Japanese paper, a plastic dish, and a bamboo brush and packaging for the aforesaid kit; art boards intended for painting with water; stickers

In International Class 016, 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 03/22/2013, and first used in commerce at least as early as 03/22/2013, 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) A screenshot of the website http://buddhaboard.com/collections/frontpage/products/enso obtained on April 21, 2020 showing the mark on the goods and from which a consumer may order the goods..
Specimen File1

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 2,013,995, filed 02/26/2020.
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.


International Class 020:  Picture frames; picture frames containing an art board of Japanese paper; picture frames containing art boards for painting with water

In International Class 020, 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 03/22/2013, and first used in commerce at least as early as 03/22/2013, 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) A screenshot of the website http://buddhaboard.com/collections/frontpage/products/enso obtained on April 21, 2020 showing the mark on the goods and from which a consumer may order the goods..
Specimen File1

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 2,013,995, filed 02/26/2020.
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.


International Class 025:  T-shirts; hats
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.

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 2,013,995, filed 02/26/2020.
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.




The owner's/holder's proposed attorney information: Holiday W. Banta. Other appointed attorneys are Thomas A. Walsh, Dustin S. DuBois, Troy J. Cole, Brian J. Lum, Roger Gilcrest, Earl LeVere, Nicholas Merker, Siddharth Bose, Amy Berg, Frederick Tecce, Aaron Ettelman, Bryon Wasserman, Alice Kelly, and Casey Wright. Holiday W. Banta of Ice Miller 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
      One American Square, Suite 2900
      Indianapolis, Indiana 46282
      United States
      317-236-5882(phone)
      317-592-5453(fax)
      h.banta@icemiller.com
The docket/reference number is 066136.14002.
Holiday W. Banta 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:

Holiday W. Banta

PRIMARY EMAIL FOR CORRESPONDENCE: h.banta@icemiller.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket@icemiller.com; kristina.buckley@icemiller.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 $1100 has been submitted with the application, representing payment for 4 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: /Holiday W. Banta/   Date: 08/25/2020
Signatory's Name: Banta, Holiday W.
Signatory's Position: Attorney of record, Indiana bar member
Payment Sale Number: 90138010
Payment Accounting Date: 08/26/2020

Serial Number: 90138010
Internet Transmission Date: Wed Aug 26 07:46:08 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202008260746087
91896-90138010-740c6d6d0aac314ec52bbb117
59221a13a11e1ba126cc74e3328910706e7f602c
5b-CC-46079157-20200825145047913159