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: 97234965

Filing Date: 01/24/2022

To the Commissioner for Trademarks:

MARK: TARTE HIGH-PERFORMANCE NATURALS (Standard Characters, see mark)
The literal element of the mark consists of TARTE HIGH-PERFORMANCE NATURALS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Tarte, Inc., a corporation of New York, having an address of
      1375 Broadway, Suite 800
      New York, New York 10018
      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 009:  downloadable virtual goods, namely, computer programs featuring cosmetics and skincare products and accessories for use in online worlds and virtual environments
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 041:  entertainment services, namely, providing digital non-fungible tokens in the nature of computer programs featuring audiovisual works, audio-only works, visual graphic works, animations, image files, recordings or still photography related to cosmetics and skincare products and accessories for use in online worlds and virtual environments
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) 4076022, 4968945, 5066659, and others.

Translation
The English translation of TARTE in the mark is TART.


The owner's/holder's proposed attorney information: Airina L. Rodrigues. Other appointed attorneys are all other members and attorneys employed by or associated with the firm. Airina L. Rodrigues of Brownstein Hyatt Farber Schreck, 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
      410 Seventeenth Street, Suite 2200
      Denver, Colorado 80202
      United States
      303-223-1100(phone)
      303-223-1111(fax)
      DNTrademarkDocket@BHFS.com
The docket/reference number is 015135.1517.
Airina L. Rodrigues 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:

Airina L. Rodrigues

PRIMARY EMAIL FOR CORRESPONDENCE: DNTrademarkDocket@BHFS.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arodrigues@bhfs.com; sdewar@bhfs.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: /samantha kitain/   Date: 01/24/2022
Signatory's Name: Samantha Kitain
Signatory's Position: Chief Marketing Officer
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97234965
Payment Accounting Date: 01/24/2022

Serial Number: 97234965
Internet Transmission Date: Mon Jan 24 14:04:41 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202201241404414034
54-97234965-8108cf3a4455a6718cdcc3acd967
65111e5a081b338e1eac9e6fba902cd29e79-CC-
04390771-20220118163448495578