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: 90593608

Filing Date: 03/22/2021

To the Commissioner for Trademarks:

MARK: PRE-WORKOUT FITNESS GUMMIES (Standard Characters, see mark)
The literal element of the mark consists of PRE-WORKOUT FITNESS GUMMIES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, HERBALAND NATURALS INC., a British Columbia corporation legally organized under the laws of Canada, having an address of
      13330 Maycrest Way
      Richmond, BC V6V2J7
      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 005:  gummy vitamins; nutritional supplements in the form of gummies for general health and well-being; and nutritional supplements in the form of gummies for boosting energy

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/15/2017, and first used in commerce at least as early as 05/30/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) A web printout from the applicant's website showing the trademark displayed in association with the goods for the online purchase thereof..

Original PDF file:
SPE0-20015697d2a4d0014d64 1054baa7a40-2021032012521 9912103_._specimen_PRE-WO RKOUT_FITNESS_GUMMIES.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.herbaland.com/products/preworkout-gummies?_pos=2&_sid=533d760cb&_ss=r
Webpage Date of Access: 03/20/2021

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 2053019, filed 09/21/2020.
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 030:  gummies

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/15/2017, and first used in commerce at least as early as 05/30/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) A web printout from the applicant's website showing the trademark displayed in association with the goods for the online purchase thereof..

Original PDF file:
SPE0-1-20015697d2a4d0014d 641054baa7a40-20210320125 219912103_._specimen_PRE- WORKOUT_FITNESS_GUMMIES.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.herbaland.com/products/preworkout-gummies?_pos=2&_sid=533d760cb&_ss=r
Webpage Date of Access: 03/20/2021

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 2053019, filed 09/21/2020.
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: Gina Lupino. Other appointed attorneys are Seong-Cheol Son. Recognized Canadian attorney(s)/agent(s) is/are Thomas W. Bailey, Gavin N. Manning, George F. Kondor, Hilton W.C. Sue, Craig A. Ash, Todd A. Rattray, David H. Takagawa, Jennifer A. Marles, Nicholas Garner, Dana Turner-Ryan and Roni M. Jones, all of Oyen Wiggs Green & Mutala LLP. Gina Lupino of Voyer Law Corporation, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      403 - 134 Abbott Street
      Vancouver, BC V6B2K4
      Canada
      +1-6043983321(phone)
      ip@voyerlaw.com
The docket/reference number is 202004458T10.
Gina Lupino 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 Matthew R. Hale
      2108 SW 152nd St, Suite B
      Burien Washington 98166
      United States
      seong-cheol@voyerlaw.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:

Gina Lupino

PRIMARY EMAIL FOR CORRESPONDENCE: ip@voyerlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mail@patentable.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: /Aisha Yang/   Date: 03/22/2021
Signatory's Name: Aisha Yang
Signatory's Position: Sales & Marketing Director
Signatory's Phone Number: 6042845050
Signature method: Sent to third party for signature
Payment Sale Number: 90593608
Payment Accounting Date: 03/22/2021

Serial Number: 90593608
Internet Transmission Date: Mon Mar 22 13:18:09 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXX:XX
XX:XXXX-20210322131809121188-90593608-77
04fd02c08c0d7c21251a36f36dea642bfcf812cc
64829bfcf150d7a9d49bcd-CC-18074222-20210
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