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: 90175018

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: HAPPY RABBIT (Standard Characters, see mark)
The literal element of the mark consists of HAPPY RABBIT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Lovehoney Group Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      100 Locksbrook Road
      Bath BA13EN
      United Kingdom
      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 003:  Soaps; perfumes; essential oils; cosmetics; hair lotions; body lotions; massage oils; massage oils and lotions; shower gels; massage creams; bubble baths; body powder; body paints; lip balms; depilatory preparations; cleaning 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.

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 United Kingdom application number 018278787, filed 07/28/2020.
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 005:  (Based on Intent to Use) Lubricant substances for use on the penis, anus or vagina; preparations, potions, aphrodisiacs and herbs for medicinal purposes; nutritional preparations; tampons; (Based on Use in Commerce) preparations for arousing sexual desire or improving sexual performance
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.

In International Class 005, 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 06/08/2020, and first used in commerce at least as early as 06/08/2020, 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 copy of Applicant's website showing the mark next to the goods along with a means to order the goods.

Original PDF file:
SPE0-2-4721202198-2020091 1152002339262_._US_Use_of _HAPPY_RABBIT.pdf
Converted PDF file(s) (9 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9

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 United Kingdom application number 018278787, filed 07/28/2020.
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 010:  Sex aids; massage apparatus; vibro-massage apparatus; vibrators, silicone storage cases for sex toys

In International Class 010, 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 06/08/2020, and first used in commerce at least as early as 06/08/2020, 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) copy of Applicant's website showing the mark next to the goods along with a means to order the goods.

Original PDF file:
SPE0-3-4721202198-2020091 1152002339262_._US_Use_of _HAPPY_RABBIT.pdf
Converted PDF file(s) (9 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9

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 United Kingdom application number 018278787, filed 07/28/2020.
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: Thomas A. O'Rourke. Thomas A. O'Rourke of Bodner & O'Rourke, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 120
      425 Broadhollow Road
      MELVILLE, New York 11747
      United States
      631-249-7500 x103(phone)
      torourke@bodnerorourke.com

Thomas A. O'Rourke 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:

Thomas A. O'Rourke

PRIMARY EMAIL FOR CORRESPONDENCE: torourke@bodnerorourke.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cdelucia@bodnerorourke.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 $825 has been submitted with the application, representing payment for 3 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: /Thomas A. O'Rourke/   Date: 09/11/2020
Signatory's Name: Thomas A. O'Rourke
Signatory's Position: Attorney of record
Payment Sale Number: 90175018
Payment Accounting Date: 09/11/2020

Serial Number: 90175018
Internet Transmission Date: Fri Sep 11 16:22:26 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020091116222610
4560-90175018-750aa84478e309a9b18b8ca6a2
5458cb1adfcbd5bdeaed5c1b61278953955-CC-2
2248868-20200911152002339262