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: 90323477

Filing Date: 11/17/2020

To the Commissioner for Trademarks:

MARK: InstaRelief (Standard Characters, see mark)
The literal element of the mark consists of InstaRelief. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, DXM Pharmaceutical, Inc., a corporation of Texas, having an address of
      Suite E200
      2717 Commercial Center Boulevard
      Katy, Texas 77494
      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 005:  pharmaceutical preparations including over-the-counter drug syrups and other preparations; over-the-counter cough syrups and other preparations for suppressing coughs; over-the-counter energy syrups and other preparations for boosting energy; over-the-counter anti-allergy syrups and other preparations for relieving allergy symptoms; over-the-counter antihistamine syrups and other preparations for relieving allergy symptoms; over-the-counter analgesic syrups and other preparations for relieving pain; over-the-counter expectorant syrups and other preparations for relieving bronchial congestion; over-the-counter anti-flatulence syrups and other preparations for relieving intestinal distress caused by gastro-intestinal gas; over-the-counter decongestant syrups and other preparations for relieving nasal congestion; over-the-counter drug syrups and other preparations for treating symptoms of the common cold and influenza; over-the-counter drug syrups and other preparations containing more than one of the foregoing active ingredients for relieving multiple symptoms; and over-the-counter dietary supplement syrups and other 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.



The owner's/holder's proposed attorney information: Keith B. Willhelm. Keith B. Willhelm of Keith B. Willhelm Attorney at Law PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      681 N. Post Oak Lane
      Houston, Texas 77024
      United States
      713-780-9246(phone)
      kbw@willhelm.com
The docket/reference number is DXMP:017.
Keith B. Willhelm 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:

Keith B. Willhelm

PRIMARY EMAIL FOR CORRESPONDENCE: kbw@willhelm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwillhelm@yahoo.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 $275 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: /Keith B. Willhelm/   Date: 11/17/2020
Signatory's Name: Keith B. Willhelm
Signatory's Position: Attorney of Record, Texas Bar member
Payment Sale Number: 90323477
Payment Accounting Date: 11/17/2020

Serial Number: 90323477
Internet Transmission Date: Tue Nov 17 06:52:13 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXX:XXXX:XX
XX:XXXX-20201117065213607346-90323477-75
0ccaa416a1daec136a917da53627eb7319764449
a1b35d9b0d7eb49a33990e1-CC-52113726-2020
1117063245307778