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: 97166018

Filing Date: 12/10/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of of a circle of dots, having a center dot, with rays of dots extended from the circle of dots.
The applicant, Ashley Diana Black International Holdings, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5205 Broadway St., #139
      Pearland, Texas 77581
      United States
      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:  Skin and body topical lotions, gels, creams and oils; wipes for cleaning the skin; wipes for cleaning medical apparatus; lotions, gels, creams and oils for thermogenic tissue softening; increase in circulation and stem cell activation; conductive gels used in connection with medical device using either infrared and other thermal sources or an infrared device.
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:  Supplements; herbal supplements; medicinal herbs supplements; arnica supplements; turmeric supplements; vitamins.
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:  Medical apparatus used to stimulate blood flow through tissue at treatment site; medical apparatus with infrared and other thermal sources to heat treatment site of patient; medical apparatus used to increase blood flow; medical apparatus with radio frequency devices used in injury healing process; medical apparatus to stimulate tissue using non-invasive and contactless treatments; medical apparatus used to remodel, rejuvenate, and revitalize collagen and fascia tissue, and reduce fat and cellulite; post-surgery device used to exercise skin around surgical site to create blood flow and reduce inflammation to shorten time for healing process; medical devices, namely, devices for pre-surgical treatment area and post-surgical treatment area; medical apparatus for treating tissue, increasing circulation, and activating glands that produce stem cells; medical post treatment devices used to reduce inflammation and increase blood flow; medical devices, namely, pre-surgical and post-surgical instruments used to reduce recovery time by treating the fascia tissue; medical devices, namely, post-surgical instruments used to reduce recovery time by treating the surgical area and rehabilitation from injuries; medical apparatus used to restructure fascia tissue, sculpt the body, reduce subcutaneous fat, and reduce the appearance of cellulite; massage apparatus, namely, device to smoothen or release fascia tissue; cosmetic massage apparatus, namely, skin treatment massager for resurfacing and reducing scar tissue; medical apparatus with either infrared sources or with radio a frequency device used for preventing and reversing fibrosis and scarring; medical device with either infrared sources or radio frequency device that acts upon extra-cellular matrix and connective tissue; derma roller device for body micro-needling; ice packs, cold packs all for medical use; ice packs and cold packs all for medical use.
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 042:  Non-downloadable software, namely, that monitors patient treatment sites and performs treatment site analysis of fascia tissue and improvement over full course of treatment plans, and monitors cellulite and improvement thereof; non-downloadable software that controls a medical device in performing modalities; software as a service services, namely, that monitors patient treatment sites and performs treatment site analysis of fascia tissue and improvement over full course of treatment plans, and monitors cellulite and improvement thereof; software as a service services that controls a medical device in performing modalities; non-downloadable software, namely, that supports treatment plans for treating fascia tissue.
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 044:  Cosmetic services, namely, skin treatment, resurfacing, rejuvenating, and scar tissue reduction; medical services, namely, procedures and services in the nature of tissue contouring, sculpting, and restructuring fat reduction, cellulite, appearance reduction, blood flow stimulation, increase circulation, and pre- and post-surgical tissue treatments.
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.




The owner's/holder's proposed attorney information: Kay Lyn Schwartz. Other appointed attorneys are Michael W. Dubner; Jason R. Fulmer; Lisa R. Hemphill; Teresa Lechner-Fish; John. J. May; Terrell R. Miller; Randy J. Pummill; Gary B. Solomon; Paul V. Storm; Allison Venezia; Robert J. Ward. Kay Lyn Schwartz of Foley & Lardner LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2021 McKinney Avenue, Suite 1600
      Dallas, Texas 75201
      United States
      214-999-4702(phone)
      214-999-4667(fax)
      ipdocketing@foley.com
The docket/reference number is 125194-3501.
Kay Lyn Schwartz 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:

Kay Lyn Schwartz

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kschwartz@foley.com; jkemnitz@foley.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: /Kay Lyn Schwartz/   Date: 12/10/2021
Signatory's Name: Kay Lyn Schwartz
Signatory's Position: Attorney of Record
Signatory's Phone Number: 214-999-4702
Signature method: Sent to third party for signature
Payment Sale Number: 97166018
Payment Accounting Date: 12/10/2021

Serial Number: 97166018
Internet Transmission Date: Fri Dec 10 11:11:03 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202112101111032
57376-97166018-7819d3ceb1f5d942719599cc4
431b5f82eed1cd7dd52c5c93b945a39ab84ed50-
CC-11021313-20211209171722021762