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: 90417954

Filing Date: 12/28/2020

To the Commissioner for Trademarks:

MARK: THE WAND (stylized and/or with design, see mark)
The literal element of the mark consists of THE WAND. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording "THE WAND".
The applicant, Shenzhen Eigate Technology Co., Ltd., a limited company (ltd.) legally organized under the laws of China, having an address of
      Floor 1-4,Building 3,No.14 Jian'an Road,
      Shajing Sub-district,Bao'an District,
      Shenzhen,Guangdong 518103
      China
      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 034:  Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette cases; Electronic cigarette lighters; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic hookahs; Electronic smoking pipes; Oral vaporizers for smoking purposes
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. (15 U.S.C. Section 1051(b)).

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 European Union Trademark - EUTM application number 018363157, filed 12/23/2020.
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.



Translation
The wording "THE WAND" has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
"THE WAND" 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.

Miscellaneous Statement
Applicant has had a bona fide and effective industrial or commercial establishment in Germany as of the date of issuance of the foreign registration.


The owner's/holder's proposed attorney information: JAESON L. BIRNBAUM. JAESON L. BIRNBAUM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Tel:18595818585, Room 1401, Building 1,
      LanHai Bldg., ErLiGang, GuanCheng Dist.,
      ZhengZhou,HeNan Prov. 450009
      China
      908-293-9699(phone)
      birnlaw@hotmail.com

JAESON L. BIRNBAUM 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:

JAESON L. BIRNBAUM

PRIMARY EMAIL FOR CORRESPONDENCE: birnlaw@hotmail.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /JAESON L. BIRNBAUM/   Date: 12/25/2020
Signatory's Name: JAESON L. BIRNBAUM
Signatory's Position: Attorney of record
Signatory's Phone Number: 908-293-9699
Payment Sale Number: 90417954
Payment Accounting Date: 12/28/2020

Serial Number: 90417954
Internet Transmission Date: Mon Dec 28 02:00:54 ET 2020
TEAS Stamp: USPTO/FTK-XX.XX.XX.XXX-20201228020054842
222-90417954-75054434489b63c2129a31888e1
ff2c2941f2e086214433ef36dde3813e1fcd141c
-CC-00531318-20201223045845119644