Application

PTO- 1478

Approved for use through 10/31/2024. 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

---

PTO- 1478

Approved for use through 10/31/2024. 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: 97064048

Filing Date: 10/07/2021

To the Commissioner for Trademarks:

MARK: DIVA (stylized and/or with design, see mark)
The literal element of the mark consists of DIVA. The applicant is not claiming color as a feature of the mark. The mark consists of the word DIVA, with a leaf design part of the letter V.
The applicant, Diva International Inc., a corporation of Canada, having an address of
      222 McIntyre Drive
      Kitchener, Ontario N2R1E8
      Canada
      202-663-8918(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:

International Class 003:  Sanitizing hand lotion; Sanitizing foaming hand soap; Steam and UV sanitizer for menstrual cups; Feminine washes and lubricants; vaginal wellness products namely yeast control treatment; ph balancing gel; vaginal cleanser; essential oils
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.

International Class 005:  Personal cleansing solution namely a cleansing solution for a menstrual cup; menstrual cup wipes and cleaner; Reusable period pads; medicinal tea for pain management; medicated patches; nutritional health supplements; tampons; menstrual underwear
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.

International Class 010:  Menstrual cups; shaker cups to clean menstrual cups; sterilized silicone cup for cleaning; Adult sexual stimulation aids, including vibrators
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.

International Class 035:  Online retail and retail store services featuring menstrual cups, sanitizing hand lotion, sanitizing foaming hand soap, steam and UV sanitizer, feminine washes and lubricants, vaginal wellness products namely yeast control treatment, ph balancing gel, vaginal cleanser, personal cleansing solution namely a cleansing solution for a menstrual cup, menstrual cup wipes and cleaner, reusable period pads, medicinal tea for pain management, calm and anti-inflammatory, nutritional health supplements shaker cups, sterilized silicone cup for cleaning, menstrual underwear, Adult sexual stimulation aids, including vibrators
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3128783, 5809938, 5957160, and others.


For informational purposes only, applicant's website address is: http://divainternational.ca

The owner's/holder's proposed attorney information: Patrick J. Jennings. Patrick J. Jennings of Pillsbury Winthrop Shaw Pittman, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1200 Seventeenth Street, NW
      Washington, District of Columbia 20036
      United States
      202-663-8918(phone)
      dctm@pillsburylaw.com

Patrick J. Jennings 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 hereby appoints Patrick J. Jennings of Pillsbury Winthrop Shaw Pittman, LLP
      1200 Seventeenth Street, NW
      Washington District of Columbia 20036
      United States
      202-663-8918(phone)
      dctm@pillsburylaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Patrick J. Jennings

PRIMARY EMAIL FOR CORRESPONDENCE: dctm@pillsburylaw.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 $1400 has been submitted with the application, representing payment for 4 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: /Pat Jennings/   Date: 10/07/2021
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202-663-8918
Signature method: Signed directly within the form
Payment Sale Number: 97064048
Payment Accounting Date: 10/07/2021

Serial Number: 97064048
Internet Transmission Date: Thu Oct 07 16:09:33 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2021100716093324
4467-97064048-7816d19266cb3e92edd283ae7c
a5622c63a1bbb12aa9576c65a289e17741fdeb-D
A-09323082-20211007160046099465