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: 90238576

Filing Date: 10/06/2020

To the Commissioner for Trademarks:

MARK: Swirl (Standard Characters, see mark)
The literal element of the mark consists of Swirl. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Melitta Europa GmbH & Co. KG, a limited partnership legally organized under the laws of Germany, having an address of
      Ringstrasse 99
      Minden 32427
      Germany
      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:  Protective masks; breathing masks; filter inserts for protective and Respiratory masks

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 Germany application number 30 2020 007 597, filed 04/08/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 010:  Masks for medical and dental personnel; surgical masks with a high filtering effect; filter inserts for masks for medical and dental personnel; filter inserts for surgical masks with a high filtering effect

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 Germany application number 30 2020 007 597, filed 04/08/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Rebecca Liebowitz. Other appointed attorneys are Andrew Price, Halle Markus, Kristen Ruisi, Steven Powell, Marjorie Norman, Catherine Mitros, Paula Hopkins, Sean Phelan, Tanya Curcio, Renato Perez. Rebecca Liebowitz of VENABLE 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
      P.O. Box 34385
      Washington, District of Columbia 20043
      United States
      202-344-4000(phone)
      202 344 8300(fax)
      trademarkdocket@venable.com
The docket/reference number is 31928-529115.
Rebecca Liebowitz 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 hereby appoints Rebecca Liebowitz of VENABLE LLP
      P.O. Box 34385
      Washington District of Columbia 20043
      United States
      202-344-4000(phone)
      202 344 8300(fax)
      trademarkdocket@venable.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Rebecca Liebowitz

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rliebowitz@venable.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 $550 has been submitted with the application, representing payment for 2 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 90238576
Payment Accounting Date: 10/06/2020

Serial Number: 90238576
Internet Transmission Date: Tue Oct 06 19:07:12 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202010061907122
00817-90238576-75011ffcaf744513e5c5b5c89
3c11dc60c26ff6ead486d7227d254cea63f5b3cf
c3-CC-07110480-20201006190308670428