Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97022403

Filing Date: 09/10/2021

To the Commissioner for Trademarks:

MARK: Wellings LIVING WELL (stylized and/or with design, see mark)
The literal element of the mark consists of Wellings LIVING WELL. The color(s) gold, beige and black is/are claimed as a feature of the mark. The mark consists of Two rows or arcing hexagon shapes sit to the left of the words "Wellings" which sits above the words "LIVING WELL". The six hexagons closest to the words "Wellings LIVING WELL" are gold and the five hexagons on the outside are beige. The words "Wellings LIVING WELL" are black.
The applicant, Campus Communities Inc., a corporation of Canada, having an address of
      2962 Carp Rd.
      Carp, Ontario K0A1L0
      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 035:  Operation of websites, handheld computer applications, newsprints, radio, television, flyers for distribution of information about the applicant's services related to senior living

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 2091543, filed 03/12/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Provision of classes for residents of groups of rental and other forms of tenure, housing units provided with centralized clubhouses and for users living in the surrounding greater community, namely, exercise, Taichi, yoga, dance classes, bingo, euchre, bridge, brain fitness programs, birds hobby clubs, gardening hobby clubs, hiking hobby clubs, potluck social events, and computer courses

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 2091543, filed 03/12/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 043:  Partnering with visiting professional and volunteer service providers to offer home and healthcare services for residents of groups of rental and other forms of tenure, housing units provided with centralized clubhouses and for other users in the surrounding greater community; providing housing accommodations for seniors

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 2091543, filed 03/12/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 044:  Provision of long term healthcare services for residents in private residences in the nature of health care co-ordination services, providing health information, assisting individuals in the attendance and planning of health and wellness appointments, counseling assistance, providing personalized, case-managed coordinated health care; nursing care services; all of the forgoing services specifically designed for residents of groups of rental and other forms of tenure, housing units provided with centralized clubhouses and for users living in the surrounding greater community; Provision of ongoing home and health care services and support services for residents in private residences in the nature of health care co-ordination services, providing health information, assisting individuals in the attendance and planning of health and wellness appointments, counseling assistance, providing personalized, case-managed coordinated health care, on-site nursing care and support services and assistance with activities of daily living as needed, namely housekeeping, handyman and maintenance services, meal programs, medical assessments, personal health programs, nursing services, assistance with daily living; all of the forgoing services specifically designed for residents of groups of rental and other forms of tenure, housing units provided with centralized clubhouses and for users living in the surrounding greater community; Provision of visiting agencies and professional services, namely registered nurses, registered practical nurses, personal support workers, physicians, pharmacist, dentist, denturist, occupational therapist, physiotherapist, audiologist, dietary personnel, and fitness instructor; Partnering with healthcare service providers to offer healthcare services for residents of groups of rental and other forms of tenure, housing units provided with centralized clubhouses and for users living in the surrounding greater community

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 2091543, filed 03/12/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 045:  Provision of social programs for residents of groups of rental and other forms of tenure, housing units provided with centralized clubhouses and for users living in the surrounding greater community, namely, exercise, Taichi, yoga, dance classes, bingo, euchre, bridge, brain fitness programs, birds hobby clubs, gardening hobby clubs, hiking hobby clubs, potluck social events, and computer courses

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 2091543, filed 03/12/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Rhett V. Barney. Other appointed attorneys are J. Christopher Lynch, David A. Divine, Robert A. Madayag III, Elizabeth L. Zinke, George H. Brunt, Andrew L. Eisenberg, Joshua T. Grandinetti and Ethan B. Vodde. Rhett V. Barney of Lee & Hayes, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      601 W. Riverside Ave Suite 1400
      Spokane, Washington 99201
      United States
      509-944-4642(phone)
      509-323-8979(fax)
      trademarks@leehayes.com
The docket/reference number is N038-0042TMU.
Rhett V. Barney 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:

Rhett V. Barney

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.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 $1750 has been submitted with the application, representing payment for 5 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: /Rhett Barney/   Date: 09/10/2021
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member
Signatory's Phone Number: 509-944-4642
Signature method: Sent to third party for signature
Payment Sale Number: 97022403
Payment Accounting Date: 09/10/2021

Serial Number: 97022403
Internet Transmission Date: Fri Sep 10 19:20:37 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021091019203709
0384-97022403-78133d95ec82c725978da92b11
7452843e949c07af6fd7d51ec78db746b194bb39
-CC-20354716-20210910184416150087