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: 90547437

Filing Date: 02/25/2021

To the Commissioner for Trademarks:

MARK: INDEX (Standard Characters, see mark)
The literal element of the mark consists of INDEX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Waldencast UK Limited, a private limited company legally organized under the laws of United Kingdom, having an address of
      Devonshire House,
      60 Goswell Road
      London EC1M7AD
      United Kingdom
      212-336-8000(phone)
      212-336-8001(fax)
      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:  Non-medicated cosmetics, cosmetic preparations for skin care, face cosmetics, make-up, make-up preparations, make-up removing preparations, cosmetic creams, cosmetic dyes, cosmetic accessories, essential oils, oils for cosmetic purposes, hair care preparations, hair beauty preparations
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 United Kingdom application number UK00003598894, filed 02/22/2021.
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: Chester Rothstein. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Benjamin Halpern, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski, Albert J. Boardman, Chandler Sturm and Olivia Harris. Chester Rothstein of AMSTER, ROTHSTEIN & EBENSTEIN 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
      90 Park Avenue, 21st Floor
      New York, New York 10016
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 61595/0011.
Chester Rothstein 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:

Chester Rothstein

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.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 $350 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: /Chester Rothstein/   Date: 02/25/2021
Signatory's Name: Chester Rothstein
Signatory's Position: Attorney of Record, Member of the New York State Bar
Signatory's Phone Number: 212-336-8050
Signature method: Signed directly within the form
Payment Sale Number: 90547437
Payment Accounting Date: 02/25/2021

Serial Number: 90547437
Internet Transmission Date: Thu Feb 25 17:28:50 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021022517285052
2660-90547437-7702910a8442110a2ebc1ed118
1d444309bc4d5662d402599a718e2cae0102f932
9-CC-28494747-20210225172051421435