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: 90618018

Filing Date: 04/01/2021

To the Commissioner for Trademarks:

MARK: emoji (stylized and/or with design, see mark)
The literal element of the mark consists of emoji. The color(s) orange is/are claimed as a feature of the mark. The mark consists of an orange colored circle in which the word "emoji" is depicted in white color. Thereunder is a white colored half circle with two orange colored bars.
The applicant, MH Ventures GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Eschenweg 1a
      Meerbusch 40667
      Germany
      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 034:  Articles for use with tobacco; Matches; Tobacco and tobacco products (including substitutes); Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor; Ashtrays; Tobacco containers and humidors; Lighters for smokers; Absorbent paper for tobacco pipes; Tips of yellow amber for cigar and cigarette holders; Bags for pipes; Electronic hookahs; Electronic smoking pipes; Electronic cigarette cases; Holders for electronic cigarettes; Hand held machines for injecting tobacco into paper tubes; Asian long tobacco pipe sheaths; Asian long tobacco pipes (kiseru); Mentholated pipes; Mouth pieces for pipes; Mouthpieces for cigarettes; Mouthpieces for cigarette holders; Pipe filters; Pipe knives; Pipe cleaners for tobacco pipes; Pipe stems; Pipe tampers; Pipe stoppers; Pipe racks for tobacco pipes; Pipe stands; Cigar pouches; Cigar cutters; Cigarette holders of precious metal; Cigarette holders; Ready-made cigarette tubes with filters; Books of cigarette papers; Cigarette paper; Cigarette tips; Cigarette tubes; Cigarette filters; Cigarette cutters; Hookahs; Pocket machines for rolling cigarettes; Tobacco pipe scrapers; Tobacco pipes, not of precious metal; Tobacco pipes of precious metal; Tobacco pipes; Tobacco filters; Tobacco pouches; Spittoons for tobacco users; Electronic cigarette boxes; Absorbent paper for tobacco; Electronic cigarette cleaners; Smokers' articles, not of precious metal; Smokers' articles of precious metal; Cigar holders of precious metal; Cigar holders; Cigar filters; Cigarette tobacco; Hookah tobacco; Tobacco substitutes not for medical purposes; Tobacco substitutes; Leaf tobacco; Tobacco; Roll-your-own tobacco; Snuff; Smoking tobacco; Smokeless tobacco; Pipe tobacco; Pipes for smoking mentholated tobacco substitutes; Raw tobacco; Mentholated tobacco; Menthol pipe tobacco; Herbal molasses; Herbs for smoking; Japanese shredded tobacco (kizami tobacco); Chewing tobacco; Flavored tobacco; Cigarettes, cigars, cigarillos and other ready-for-use smoking articles; Loose, rolling and pipe tobacco; Flavourings for tobacco.

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 018400970, filed 02/17/2021.
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: Marijan Stephan Hucke. Marijan Stephan Hucke of HUCKE & SCHUBERT, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1732 1st Ave Ste 27500
      New York, New York 10128
      United States
      646-396-0410(phone)
      6463960411(fax)
      m.hucke@huckelaw.com
The docket/reference number is 02213.
Marijan Stephan Hucke 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:

Marijan Stephan Hucke

PRIMARY EMAIL FOR CORRESPONDENCE: m.hucke@huckelaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): e.sal@huckelaw.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 $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: /MARIJAN HUCKE/   Date: 04/01/2021
Signatory's Name: Marijan Hucke
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 646-396-0410
Signature method: Signed directly within the form
Payment Sale Number: 90618018
Payment Accounting Date: 04/01/2021

Serial Number: 90618018
Internet Transmission Date: Thu Apr 01 12:30:57 ET 2021
TEAS Stamp: USPTO/BAS-XX.X.XX.XX-2021040112305741736
9-90618018-77017ad57c9d7ad4a80a33184ced1
1d9e243ccff9b36a586d6b7348c5d91a9d6e-CC-
30553092-20210401122851328515