Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90479991

Filing Date: 01/21/2021

To the Commissioner for Trademarks:

MARK: FLOW (stylized and/or with design, see mark)
The literal element of the mark consists of FLOW. The applicant is not claiming color as a feature of the mark. The mark consists of the word FLOW in a thin block letter font with four concentric curves disposed within the letter "O.".
The applicant, Martin Herbst, a citizen of Austria, having an address of
      Jakob-Haringer-Straße 1
      Salzburg A-5020
      Austria
      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:  Essential oils and aromatic extracts including from marketable CBD products which include no more than 0.3% THC by dry weight; Cleaning and fragrancing preparations; Perfumes; creams

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 018296319, filed 08/25/2020.
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 005:  Pharmaceutical and medical substances and preparations for health care purposes; Medicinal and pharmaceutical preparations and remedies for the treatment of respiratory disorders; Pharmaceutical preparations, namely solution for the hygiene, decongestion, disinfection and humidification of the nasal passages and sinuses; Drops against dryness in the nose and against allergic symptoms in the nasal area (allergy, allergic rhinitis), drops for protection, for regeneration (in particular scarring), for rinsing, for cleaning, for removing blockages, for disinfection, for moistening and for rehydration of the nasal cavities and paranasal sinuses; Nasal sprays; Nasal cleaning preparations for medical purposes; Cleansing solutions for medical use; Pharmaceutical preparations for treating asthma; Antidepressants

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 018296319, filed 08/25/2020.
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 010:  Inserts for the nose; Nasal dilators; Therapeutic nose clips for the prevention of snoring; Respiratory therapy instruments; Nebulizers for respiration therapy; Apparatus for the alleviation of breathing difficulties; Surgical, medical apparatus and instruments; Medical apparatus and instruments for the hygiene, decongestion, disinfection and humidification of the nasal passages and sinuses; Medical devices for the hygiene, disinfection, decongestion and humidification of the nasal passages and sinuses; Inhalation devices for medical use

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 018296319, filed 08/25/2020.
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 011:  Ultraviolet sterilizers; combined lighting and ultraviolet apparatus

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 018296319, filed 08/25/2020.
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 035:  Retailing and wholesaling, including by mail order retail service and via the internet relating to nasal dilators, medical and pharmaceutical products and preparations, surgical and medical apparatus and instruments, ultraviolet sterilizers, oils and aromatic extracts also made from marketable CBD products which include no more than 0.3% THC by dry weight, cleaning and fragrancing preparations, perfumes

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 018296319, filed 08/25/2020.
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: Charles T. J. Weigell. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Ashford Tucker, Tamar Niv Bessinger. Charles T. J. Weigell of Fross Zelnick Lehrman & Zissu, P.C, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      151 West 42nd St., 17th Fl
      New York, New York 10036
      United States
      212-813-5900(phone)
      Weigell-Docket@fzlz.com
The docket/reference number is MRTN 2010109.
Charles T. J. Weigell 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 hereby appoints Fross Zelnick Lehrman & Zissu, P.C of Fross Zelnick Lehrman & Zissu, P.C
      151 West 42nd St., 17th Fl
      New York New York 10036
      United States
      212-813-5900(phone)
      Weigell-Docket@fzlz.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Charles T. J. Weigell

PRIMARY EMAIL FOR CORRESPONDENCE: Weigell-Docket@fzlz.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 $1750 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 90479991
Payment Accounting Date: 01/21/2021

Serial Number: 90479991
Internet Transmission Date: Thu Jan 21 15:59:33 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021012115593333
5960-90479991-760c3fff0773badf917448114e
58671b356794d4d03148e9fb4ddb088e543e370-
DA-59338499-20210121155855715331