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: 90168023

Filing Date: 09/09/2020

To the Commissioner for Trademarks:

MARK: PEPS (Standard Characters, see mark)
The literal element of the mark consists of PEPS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The National Board of Examiners in Optometry, Inc., a corporation of Maryland, having an address of
      200 S. College Street
      Charlotte, North Carolina 28202
      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 016:  Printed materials, namely, assessment examination materials in the field of optometry
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.

International Class 009:  Downloadable educational, evaluation and test materials in the field of optometry
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.

International Class 041:  Providing educational assessment services in the field of optometry; Preparing, administering, and scoring academic standardized medical tests in the field of optometry; providing educational information and test questions in the academic field of optometry
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.

International Class 042:  Testing, analysis, and evaluation of the knowledge, skills and abilities of others in the field of optometry to determine conformity with certification standards
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: Jeffrey J. Schwartz. Jeffrey J. Schwartz of Schwartz Law Firm, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      6100 Fairview Road, Suite 1135
      Charlotte, North Carolina 28210-3277
      United States
      704-552-1889(phone)
      jjs@schwartz-iplaw.com
The docket/reference number is 415/29.
Jeffrey J. Schwartz 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:

Jeffrey J. Schwartz

PRIMARY EMAIL FOR CORRESPONDENCE: jjs@schwartz-iplaw.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 $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: /jjs/   Date: 09/09/2020
Signatory's Name: Jeffrey J. Schwartz
Signatory's Position: Attorney
Payment Sale Number: 90168023
Payment Accounting Date: 09/09/2020

Serial Number: 90168023
Internet Transmission Date: Wed Sep 09 11:39:17 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2020090911391797
6809-90168023-7501729a6f9c4a8ebbcf687aea
c249be14cd34cc0cc743fd8e5c86b4a2c311ceb7
-CC-39169838-20200909113213181669