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

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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: 97120125

Filing Date: 11/11/2021

To the Commissioner for Trademarks:

MARK: ATTITUDE (Standard Characters, see mark)
The literal element of the mark consists of ATTITUDE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, LORD BERNIER INC., a corporation of Canada, having an address of
      Suite 900
      5605 Avenue du Gaspé
      Montreal, Quebec H2T2A4
      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 003:  Babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain remover; baby wipes; Babies and toddlers body care products, namely, baby 3in1 shampoo/body wash conditioners, body oils, sunscreens, sunscreen remover, hand soap, zinc diaper cream, body cream, face calendula cream, toothpastes, hair detangler, face cream, face wash, face wipes, gel wipes, babypowder; Homecare products, namely laundry detergents, oxygen based spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner, laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner; Body care products, namely, shampoos, conditioners, body wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, face scrubs, day creams, night creams, moisturizing body lotion and cream, make-up removers lotions, wipes make-up remover, make up, sunscreen cream, sunscreen lotion, aftersun lotions, cosmetics, body deodorants, lip balms, foot soap bars, foot cream, foot scrubs, foot hydrating cream, hand creams, nail polish removers, damaged hair treatment, hair oil, hair colour, hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, mouthwash, body powder; cleansing pre-moistened body wipes, cosmetic cotton balls and cotton swabs. Pregnancy products, namely, stretch oils, stretch gels, hydrating lotions, body lotions, body washes, bubble baths, bath soaks and massage oils; Pet care products, namely, pet laundry detergents, bowl dishwashing liquids, multi surfaces cleaning wipes, pet toys spray cleaner, pet shampoos, conditioners, detanglers, paw balm, nose balm, hydrating lotions

In International Class 003, 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 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) photographs of the goods bearing the mark sold in commerce and a screenshot of the webpage "http://ca.attitudeliving.com/collections/laundry/Adults-&-Kids" viewed and printed on 11/11/2021 bearing the mark with a add to cart button and a price.
Specimen File1
Specimen File2
Webpage URL: http://ca.attitudeliving.com/collections/laundry/Adults-&-Kids
Webpage Date of Access: 11/11/2021

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 2145711, filed 11/08/2021.
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 004:  scented candles
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 2145711, filed 11/08/2021.
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 005:  Natural odor neutralizers, namely air purifiers, fabric refreshers, air fresheners, pet stains odor remover, pet fabric refresher odor neutralizer, deodorising mists, deodorizing grooming wipes, litter box odor eliminator; sanitizing surface wipes; hand sanitizers; baby and adult diapers and disposable diapers; baby and adult topical pain reliever; insect repellent

In International Class 005, 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 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) photographs of the goods bearing the mark sold in commerce and a screenshot of the web page "http://ca.attitudeliving.com/collections/air-purifiers/Adults-&-Kids" viewed and printed on 11/11/2021 bearing the mark with a price and an add to cart button.
Specimen File1
Webpage URL: http://ca.attitudeliving.com/collections/air-purifiers/Adults-&-Kids
Webpage Date of Access: 11/11/2021

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 2145711, filed 11/08/2021.
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 030:  Herbal teas
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 2145711, filed 11/08/2021.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6301805, 5933217, 5933216, and others.


The owner's/holder's proposed attorney information: Stewart L Gitler. Other appointed attorneys are Welsh, John L.; Flaxman, Howard N.. Stewart L Gitler of WELSH FLAXMAN & GITLER LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 210
      1451 Dolley Madison Blvd.
      McLean, Virginia 22101
      United States
      703-706-0882(fax)
      trademarks@iplwsolutions.com
The docket/reference number is WFG-8368.
Stewart L Gitler 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 Stewart L Gitler of WELSH FLAXMAN & GITLER LLC
      1451 Dolley Madison Blvd.
      Suite 210
      McLean Virginia 22101
      United States
      703-706-0882(fax)
      trademarks@iplwsolutions.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:

Stewart L Gitler

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplwsolutions.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gitler@iplawsolutions.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 $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: /Stewart L Gitler/   Date: 11/11/2021
Signatory's Name: Stewart L Gitler
Signatory's Position: Attorney of record (VA Bar member)
Signatory's Phone Number: 703-920-1122
Signature method: Signed directly within the form
Payment Sale Number: 97120125
Payment Accounting Date: 11/12/2021

Serial Number: 97120125
Internet Transmission Date: Thu Nov 11 14:12:16 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2021111114121648
3627-97120125-781e3ae90d2d5bdc7934f69e23
ae5266699d95b8cd6e52c5950b1ab48963b2b2e-
CC-12154779-20211111134123306264