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: 97037444

Filing Date: 09/21/2021

To the Commissioner for Trademarks:

MARK: UP (stylized and/or with design, see mark)
The literal element of the mark consists of UP. The applicant is not claiming color as a feature of the mark. The mark consists of the word "UP" in large rounded outlined letters with a stylized plant topped by a star-shaped flower that appears to be growing out of the letter "U".
The applicant, HEXO Operations Inc., a corporation of Canada, having an address of
      3000 Solandt Road
      Ottawa, ON K2K2X2
      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 005:  Supplements for general health and well-being containing cannabinoids; medicated cosmetics, medicated soaps, medicated oils, medicated supplements, medicated food and medicated beverages, all of the foregoing containing cannabinoids
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 2131841, filed 09/07/2021.
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 034:  Hemp cigarettes; smokable hemp; hemp blends for smoking; herbs for smoking containing cannabinoids; herbal concentrates for smoking containing cannabinoids; cigarettes made with tobacco substitutes containing cannabinoids; cartridges sold filled with chemical flavorings in liquid form for oral vaporizers, not containing any tobacco or cannabinoids; cartridges sold filled with chemical flavorings in liquid form for oral vaporizers, containing cannabinoids; oral vaporizers for smoking purposes; pre-filled oral vaporizers for smoking purposes, containing cannabinoids; liquids for oral vaporizers for smoking purposes, all of the foregoing containing cannabinoids; cartridges sold filled with cannabis oil extracts for oral vaporizers for smoking purposes
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 2131841, filed 09/07/2021.
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: Jonathan M. Purow. Jonathan M. Purow of Zuber Lawler LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      One Penn Plaza, Suite 4430
      New York, New York 10119
      United States
      trademarkprosecution@zuberlawler.com
The docket/reference number is 3567-1014.
Jonathan M. Purow 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:

Jonathan M. Purow

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkprosecution@zuberlawler.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jpurow@zuberlawler.com; lwan@zuberlawler.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 $700 has been submitted with the application, representing payment for 2 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: /Catherine Lemay/   Date: 09/20/2021
Signatory's Name: Catherine Lemay
Signatory's Position: Assistant General Counsel - IP
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97037444
Payment Accounting Date: 09/21/2021

Serial Number: 97037444
Internet Transmission Date: Tue Sep 21 13:06:27 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021092113062701
5471-97037444-781d8d041bf658fc5b72311ea3
25e5eb671c3bafd381977a6ae7d86383f1749476
-CC-06252884-20210916181021799312