Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90881387

Filing Date: 08/13/2021

To the Commissioner for Trademarks:

MARK: O (stylized and/or with design, see mark)
The literal element of the mark consists of O. The mark consists of a stylized letter O with a leaf design.
The applicant, Airo Brands, Inc., a corporation of Delaware, having an address of
      201 Edward Curry Avenue
      Staten Island, New York 10314
      United States
      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:  Oral electronic vaporizers for the vaporization of herbal oils, Cannabidiol (CBD) oils, plant matter and other non-nicotine tobacco substitutes for smoking or vaping purposes sold empty; Rechargeable oral electronic vaporizers for the vaporization of herbal oils, Cannabidiol (CBD) oils, plant matter and other non-nicotine tobacco substitutes for smoking or vaping purposes sold empty; Disposable oral electronic vaporizers for smoking or vaping purposes filled with herbal oils, excluding essential oils, plant matter, other non-nicotine tobacco substitutes, and Cannabidiol (CBD) oils solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; vaping cartridges for smoking or vaping purposes containing herbal oils, plant matter and other non-nicotine tobacco substitutes, and Cannabidiol (CBD) oils specifically adapted for oral electronic vaporizers for vaping, solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; non-hemp derived tobacco substitutes, namely, plant matter and non-nicotine tobacco substitutes, and herbal oils other than essential oils, all for household smoking purposes; Magnetic cartridges sold empty specially adapted for electronic vaporizers for smoking

In International Class 034, 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 09/00/2020, and first used in commerce at least as early as 09/00/2020, 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) photo of the goods, webpage with ordering information.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-655111342-2021081209 3209750282_._able_CBD_Vap orizer_I_320mAh_Battery__ _Wellicy__-_wellicy.com.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5704644 and 6309908.


The owner's/holder's proposed attorney information: Pina Campagna. Pina Campagna of Carter, DeLuca and Farrell LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      576 Broad Hollow Rd.
      Melville, New York 11747
      United States
      631-501-5700(phone)
      6315013526(fax)
      docket@carterdeluca.com
The docket/reference number is 2857-17.
Pina Campagna 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:

Pina Campagna

PRIMARY EMAIL FOR CORRESPONDENCE: docket@carterdeluca.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): crieder@carterdeluca.com; pcampagna@carterdeluca.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: /Pina M. Campagna/   Date: 08/13/2021
Signatory's Name: Pina Campagna
Signatory's Position: Attorney of record, NY bar member
Signatory's Phone Number: 631-501-5700
Signature method: Signed directly within the form
Payment Sale Number: 90881387
Payment Accounting Date: 08/13/2021

Serial Number: 90881387
Internet Transmission Date: Fri Aug 13 12:05:18 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210813120518196
078-90881387-781bd66715c48d0aeb475ff31fc
14c25f3ab02bccbbc4a15b7f9a974cf42f8ceb9f
-CC-05163199-20210813120219431736