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: 90539754

Filing Date: 02/22/2021

To the Commissioner for Trademarks:

MARK: MAGNETIC MIDNIGHT (stylized and/or with design, see mark)
The literal element of the mark consists of MAGNETIC MIDNIGHT. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording "MAGNETIC MIDNIGHT". Above this are two triangles that are connected to each other at the left triangle's rightmost point and the right triangle's leftmost point. The two triangles are superimposed over a series of lines that resemble a letter M. Below the triangles and the letter M is a segment of a circle, with the point touching the letter M.
The applicant, Lucia Echavarria Barco, a citizen of Colombia, having an address of
      Carrera A 7 No. 76 40
      Bogota 110931
      Colombia
      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 014:  Headbands featuring precious stones; headbands

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 Colombia application number 2020-0066229, filed 08/21/2020.
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 026:  Hair ornaments in the nature of ornamental hair combs, hair clips, hair bands, hair pins, hair grips, hair barrettes, hair scrunchies, hair bows, hair buckles, and hair sticks

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 Colombia application number 2020-0066229, filed 08/21/2020.
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: Karen Lim. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Charles T.J. Weigell, Ashford Tucker, Tamar Niv Bessinger. Recognized Canadian attorney(s)/agent(s) is/are Lawrence E. Apolzon, N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Charles T.J. Weigell, Ashford Tucker, Tamar Niv Bessinger. Karen Lim 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 Street, 17th Floor
      New York, New York 10036
      United States
      klim-docket@fzlz.com
The docket/reference number is LCEB 2008618.
Karen Lim 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 Street, 17th Floor
      New York New York 10036
      United States
      klim-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:

Karen Lim

PRIMARY EMAIL FOR CORRESPONDENCE: klim-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 $700 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 90539754
Payment Accounting Date: 02/22/2021

Serial Number: 90539754
Internet Transmission Date: Mon Feb 22 18:01:41 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021022218014181
0660-90539754-770d1d6ee60a8b3258d7b7b643
f2b814e37197a6fbb464f7e87f0af98a385ec3f-
DA-01413602-20210222174531667599