Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90678168

Filing Date: 04/28/2021

To the Commissioner for Trademarks:

MARK: TIMEOUT (Standard Characters, see mark)
The literal element of the mark consists of TIMEOUT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TimeOut Hydrate Inc., a corporation of Canada, having an address of
      365 Boulevard Sir Wilfrid-Laurier
      Beloeil, QUEBEC J3G4T2
      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 032:  Electrolyte replacement solutions; powdered, flavoured, dietary supplement drink mix concentrate for making relaxing, sleep assisting, recovery and hydrating drinks containing natural ingredients
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 2091324, filed 03/11/2021.
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: Stacey J. Watson. Other appointed attorneys are Jacqueline L. Patt, Katrina G. Hull. Stacey J. Watson of Markery Law LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 84150
      P.O. Box 84150
      Gaithersburg, Maryland 20883
      United States
      202-888-7786(phone)
      docket@markerylaw.com
The docket/reference number is US-BENO-004A.
Stacey J. Watson 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:

Stacey J. Watson

PRIMARY EMAIL FOR CORRESPONDENCE: docket@markerylaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): staceywatson@markerylaw.com; theresawaltos@markerylaw.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: /Francois R Bosse/   Date: 04/28/2021
Signatory's Name: Francois R. Bosse
Signatory's Position: Director
Signatory's Phone Number: 4186803038
Signature method: Sent to third party for signature
Payment Sale Number: 90678168
Payment Accounting Date: 04/28/2021

Serial Number: 90678168
Internet Transmission Date: Wed Apr 28 16:43:50 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXX-20210428164350616829-90678168-7
80abc08b6bb154929db3f298d916569eb6a055b4
651fd9ba6cbb4decc9155b54-CC-43493868-202
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