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: 90439556

Filing Date: 12/31/2020

To the Commissioner for Trademarks:

MARK: RESTAYS (Standard Characters, see mark)
The literal element of the mark consists of RESTAYS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Ashcroft Homes Inc., a corporation of Canada, having an address of
      18 Antares Drive
      Ottawa K2A1E9
      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 025:  Clothing, namely t-shirts, sweatshirts, sweaters, bathrobes, windbreakers, jackets, hats, ties, shirts, shorts, pants, and caps
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 2064166, filed 11/16/2020.
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.


International Class 036:  Real estate services, namely, listing, leasing, brokerage, management and operation of condominium resident units
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 2064166, filed 11/16/2020.
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.


International Class 041:  Health club services, namely providing instruction and consultation in the field of physical exercise, providing use of exercise equipment, providing fitness and exercise facilities, and providing swimming pool facilities
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 2064166, filed 11/16/2020.
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.


International Class 043:  Hotel and resort services; restaurant, bar and cocktail lounge services; catering services; providing conference, exhibition and meeting facilities; providing banquet and social function facilities for special occasions; and reservation services for hotel accommodations
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 2064166, filed 11/16/2020.
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.


International Class 044:  Health spa services, namely providing facial, hair, skin and body treatments, manicure and pedicure services, massage services, body waxing services and beauty salon services
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 2064166, filed 11/16/2020.
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.




The owner's/holder's proposed attorney information: Kenneth A. Knox. Other appointed attorneys are Scott A. Horstemeyer, Scott Amy, Marlena F. Burt, N. Andrew Crain, Michael J. D'Aurelio, Todd Deveau, Lei Fang, Heather Gorman, Robert Gravois, Daniel R. Gresham, Charles Griggers, David Hayzer, Thomas Hildebrandt, Kenneth A. Knox, Cynthia J. Lee, Christopher B. Linder, John Lyon, Eric Maurer, Gregory J. Mullin, Daniel Osborne, Jason Perilla, R. David Pointer, Arvind Reddy, Melissa Rhoden, David R. Risley, Daniel J. Santos, Randy Schoen. Kenneth A. Knox of Thomas | Horstemeyer, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1600E
      3200 Windy Hill Road SE
      Atlanta, Georgia 30339
      United States
      770-933-9500(phone)
      trademarks@thomashorstemeyer.com
The docket/reference number is 101305-3020.
Kenneth A. Knox 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:

Kenneth A. Knox

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@thomashorstemeyer.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kenny.knox@thomashorstemeyer.com; carla.stone@thomashorstemeyer.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 $1375 has been submitted with the application, representing payment for 5 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: /Kenneth A. Knox/   Date: 12/31/2020
Signatory's Name: Kenneth A. Knox
Signatory's Position: Attorney of Record, Georgia Bar Member
Payment Sale Number: 90439556
Payment Accounting Date: 12/31/2020

Serial Number: 90439556
Internet Transmission Date: Thu Dec 31 13:23:21 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202012311323217
20704-90439556-7509bc3e9c55e91c69302e74c
e472855d3c49dc1e1864c3c947c0183d198c939-
CC-23204735-20201231130846165350