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: 90407044

Filing Date: 12/23/2020

To the Commissioner for Trademarks:

MARK: MAUI MAT (stylized and/or with design, see mark)
The literal element of the mark consists of MAUI MAT. The applicant is not claiming color as a feature of the mark. The mark consists of an outline of two palm trees followed on the right hand side by the wording "MAUI MAT" in a curved stylized font. Directly above the word "MAUI" are three turtles of various sizes, followed by three hibiscus flowers which extend over the word "MAT". An outline of two additional palm trees are immediately following to the right of the last hibiscus flower. Outlines of leaves are shown directly below the beginning of the word "MAUI", directly below and between the words "MAUI" and "MAT" and directly below the end of the word "MAT".
The applicant, JACOBS & THOMPSON INC., a corporation of Canada, having an address of
      89 Kenhar Drive
      Toronto, Ontario M9L2R3
      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 024:  Towels of textile; beach towels
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 Canada application number 2072138, filed 12/18/2020.
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 028:  Flotation devices for recreational use, namely, foam floats; floats for bathing and swimming; swimming floats for recreational use

In International Class 028, 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 00/00/2012, and first used in commerce at least as early as 00/00/2012, 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) The specimens consist of images of the product packaging bearing the mark in association with the goods..
Specimen File1
Specimen File2

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 Canada application number 2072138, filed 12/18/2020.
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: Heather Balmat. Recognized Canadian attorney(s)/agent(s) is/are Michelle Lacroix. Heather Balmat of Balmat 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
      977 Seminole Trail, #342
      Charlottesville, Virginia 22901
      United States
      434-260-1837(phone)
      434-260-1837(fax)
      hbalmat@balmatlaw.com
The docket/reference number is J&T-050US.
Heather Balmat 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:

Heather Balmat

PRIMARY EMAIL FOR CORRESPONDENCE: hbalmat@balmatlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@millmanip.com; mlacroix@millmanip.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: /Michelle Lacroix/   Date: 12/23/2020
Signatory's Name: Lacroix, Michelle
Signatory's Position: Canadian Agent for the Applicant
Payment Sale Number: 90407044
Payment Accounting Date: 12/23/2020

Serial Number: 90407044
Internet Transmission Date: Wed Dec 23 13:46:29 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20201223134629388
642-90407044-750e78e85f7f048c3af3db466a7
a793cd4b2274b4be45923f524a1f2aade7f3bd-C
C-46287736-20201223134027463419