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: 90557235

Filing Date: 03/03/2021

To the Commissioner for Trademarks:

MARK: GROWING UP HEALTHY AND HAPPY (Standard Characters, see mark)
The literal element of the mark consists of GROWING UP HEALTHY AND HAPPY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, STRONACH INTERNATIONAL INC., a corporation of Canada, having an address of
      Unit 1
      15 First Commerce Drive
      Aurora, ON L4G0G2
      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 036:  Charitable fundraising campaigns.
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 2083337, filed 02/09/2021.
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.


International Class 041:  General wellness and nutrition education activities and programs designed for children and adolescents in the fields of health and fitness; Educational and advisory services in the nature of promoting awareness about general health, wellness and wellbeing; organizing cultural and social events in the field of health, wellness and wellbeing.
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 2083337, filed 02/09/2021.
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: Matthew J. Marquardt. Recognized Canadian attorney(s)/agent(s) is/are Mary Malvaso. Matthew J. Marquardt of PCK IP Lawyers (USA) 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
      Suite 1025
      1717 Pennsylvania Avenue North West
      Washington, Rhode Island 20006
      United States
      +1-6478121158(phone)
      416-920-1350(fax)
      marquardt@pckip.com
The docket/reference number is TM4096US00.
Matthew J. Marquardt 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:

Matthew J. Marquardt

PRIMARY EMAIL FOR CORRESPONDENCE: marquardt@pckip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): malvaso@pckip.com; carter@pckip.com; docketing@pckip.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 $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: /Frank Stronach/   Date: 03/03/2021
Signatory's Name: /Frank Stronach/
Signatory's Position: President
Signatory's Phone Number: +1-4165676394
Signature method: Sent to third party for signature
Payment Sale Number: 90557235
Payment Accounting Date: 03/03/2021

Serial Number: 90557235
Internet Transmission Date: Wed Mar 03 11:28:17 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021030311281765
8349-90557235-77089ae5d77eabc505eb9c1587
164588a284adaf1168b502d425d447ceddf79443
-CC-28160939-20210224160656850096