TEAS Plus New 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

TEAS Plus Application

Serial Number: 90899178

Filing Date: 08/24/2021

To the Commissioner for Trademarks:

MARK: POLVOS DE SULPHA (Standard Characters, see mark)
The literal element of the mark consists of POLVOS DE SULPHA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ALPER HOLDINGS INC., a corporation of Florida, having an address of
      11421 NW 107TH ST #24
      Miami, Florida 33178
      United States
      305-696-7716(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Antibiotics for human use

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/19/2003, and first used in commerce at least as early as 12/19/2003, 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) an image of the relevant product showing use of the relevant mark in commerce..
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided


Translation
The English translation of POLVOS DE SULPHA in the mark is powders of sulpha.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-26033020293720002cd79 29d2d0bcfb9-114619970_._P OLVOS_DE_SULPHA_-_SALES_L EDGER.PDF
Converted PDF file(s) (4 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4

Miscellaneous Statement
The PDF attached in support of Applicant's §2(f) claim are sales records of Applicant and its exclusive licensee showing sales records since at least as early as December 2003. Applicant also hereby declares that over 940,000 units of the relevant product has been sold since its date of first use. Applicant also hereby declares that its Polvos de Sulpha branded products are sold in leading retailers across the country, including Wal-Mart, CVS, Walgreen, as well as numerous major grocery stores throughout the country.

Original PDF file:
MIS-26033020293720002cd79 29d2d0bcfb9-2021082411461 9970313_._POLVOS_DE_SULPH A_-_SALES_LEDGER.PDF
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Rick Ruz, Esq.. Rick Ruz, Esq. of Ruz & Ruz, PL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      7355 SW 87th Avenue, Suite 200
      Miami, Florida 33173
      United States
      305-921-9326(phone)
      888-506-2833(fax)
      rickruz@ruzlaw.com

Rick Ruz, Esq. 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:

Rick Ruz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: rickruz@ruzlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $250 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: /Rick Ruz/   Date: 08/24/2021
Signatory's Name: Rick Ruz, Esq.
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: 305-921-9326
Signature method: Signed directly within the form
Payment Sale Number: 90899178
Payment Accounting Date: 08/24/2021

Serial Number: 90899178
Internet Transmission Date: Tue Aug 24 12:37:44 ET 2021
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210824123744888311-90899178-
781b3232044916823226fe4d4191b20c237129c2
134ceaea88c46733575afbe638-CC-37433106-2
0210824114619970313