TEAS Plus New 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

TEAS Plus Application

Serial Number: 90246166

Filing Date: 10/10/2020

To the Commissioner for Trademarks:

MARK: MERRYHEART (stylized and/or with design, see mark)
The literal element of the mark consists of MERRYHEART. The color(s) Green, yellow, orange, red, purple, blue is/are claimed as a feature of the mark. The mark consists of the stylized wording "MERRYHEART " having a series of multi-color arches above the wording.
The applicant, Xu Zhang, a citizen of China, having an address of
      1001,10/F,Building A5,Headquarters
      Economic Park,Choujiang Street,Yiwu,
      Jinhua, Zhejiang 321000
      China
      301-881-3600(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 028:  Puzzles; Carry bags sold filled with children's toys; Children's educational games for developing fine motor, cognitive, counting skills; Children's educational toys for developing fine motor, oral language, numbers, counting, colors and alphabet skills sold in a fabric bag which has a clear vinyl window for viewing small trinkets and toys securely contained within the bag itself; Christmas tree ornaments and decorations; Infant toys; Inflatable pools for recreational use; Masquerade masks; Party games; Pet toys; Physical fitness equipment, namely, exercise bands, training bars; Positionable wooden and plastic figures for use in wooden and plastic puzzles; Puzzle games; Stacking toys; Swimming aids, namely, pool rings, arm floats for recreational use; Toy building blocks; Toy building blocks capable of interconnection; Toy jewelry; Toy and novelty face masks; Water toys

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/09/2020, and first used in commerce at least as early as 09/09/2020, 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) Photos of goods, namely, Christmas tree ornaments and decorations,Pet toys and Infant toys, displaying Applicant's mark as currently used in U.S. commerce. Applicant's products,Pet toys, featuring mark, as sold on http://www.momotry.com/MERRYHEART-Pet-Dog-Toys.One copy of online Order Confirmations and one printout of online listing pages are attached dated October 09, 2020 as proof..
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Original PDF file:
SPE0-4789195107-202010092 05528161176_._Specimen-1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-4789195107-202010092 05528161176_._Specimen-2.pdf
Converted PDF file(s) (1 page)
Specimen File1



Translation
The wording MERRYHEART has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
MERRYHEART appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.


The owner's/holder's proposed attorney information: Francis H. Koh. Francis H. Koh of Koh Law Firm, LLC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      4800 Hampden Lane, St. 200
      Bethesda, Maryland 20814
      United States
      301-881-3600(phone)
      fkohmail@gmail.com
The docket/reference number is US013953T.
Francis H. Koh 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:

Francis H. Koh

PRIMARY EMAIL FOR CORRESPONDENCE: fkohmail@gmail.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMProce@scienbizip.com; ecptm@scienbizip.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 $225 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: /Francis H. Koh/   Date: 10/10/2020
Signatory's Name: Francis H. Koh
Signatory's Position: Attorney of Record, Virginia Bar Member
Signatory's Phone Number: 301-881-3600
Payment Sale Number: 90246166
Payment Accounting Date: 10/13/2020

Serial Number: 90246166
Internet Transmission Date: Sat Oct 10 02:12:32 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2020101002123267
3699-90246166-750f56c2511d04cf5aa3d7acc6
31f3d9ea4810455563c328b551b5f414d7436355
-CC-12312599-20201010020702484045