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: 90274500

Filing Date: 10/23/2020

To the Commissioner for Trademarks:

MARK: M (stylized and/or with design, see mark)
The literal element of the mark consists of M. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized letter M comprised of broken lines with a semicircle appearing above and below.
The applicant, MASTERMIND BIO-WELLNESS US INC., a corporation of California, having an address of
      218 Queens Quay
      Toronto M5J2Y6
      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 003:  Muscle balms; Muscle balms containing CBD derived from hemp and containing less than 0.3% THC on a dry weight basis

In International Class 003, 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 05/04/2018, and first used in commerce at least as early as 05/04/2018, 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) Photograph of Applicant's goods bearing the applied-for mark.
Specimen File1

International Class 005:  Protein powder for use as a nutritional supplement; Hemp protein powder being a nutritional supplement containing no CBD and less than 0.3% THC in dry weight; hemp oil; mct oil; sleep supplements; dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes

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 05/04/2018, and first used in commerce at least as early as 05/04/2018, 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) Screen shots of Applicant's website showing the mark with the goods for sale online; photograph of Applicant's goods bearing the applied-for mark.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

International Class 032:  Non-alcoholic drinks, namely, energy shots 

In International Class 032, 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 05/04/2018, and first used in commerce at least as early as 05/04/2018, 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) Screen shot of Applicant's website showing the applied-for mark with the goods for sale online.
Specimen File1




The owner's/holder's proposed attorney information: Adam E. Schwartz. Other appointed attorneys are Matthew S. Crosby, Jennifer R. Ashton. Adam E. Schwartz of Schwartz Intellectual Property Law, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      #2157
      244 5th Ave
      New York, New York 10001
      United States
      aschwartz@schwartzip.com

Adam E. 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:

Adam E. Schwartz

PRIMARY EMAIL FOR CORRESPONDENCE: aschwartz@schwartzip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mcrosby@schwartzip.com; jashton@schwartzip.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: /Jennifer R. Ashton/   Date: 10/23/2020
Signatory's Name: Jennifer R. Ashton
Signatory's Position: Attorney of Record, WA state bar member
Payment Sale Number: 90274500
Payment Accounting Date: 10/23/2020

Serial Number: 90274500
Internet Transmission Date: Fri Oct 23 13:35:16 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20201023133516185855-90274500-7
50bd5377bbf318d0848570ad43b5ffa42cda3e6a
3f585b71bbf5db6d934da-CC-35154430-202010
14142923063777