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: 97262403

Filing Date: 02/10/2022

To the Commissioner for Trademarks:

MARK: RELAXIUM (Standard Characters, see mark)
The literal element of the mark consists of RELAXIUM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, American Behavioral Research Institute, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      1515 N. Federal Highway, No. 300
      Boca Raton, Florida 33432
      United States
      305-298-8111(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 005:  Sleep, pain relief and relaxation aids, namely essential oils, creams, balms, bath salts, bath oils, shampoos and conditioners, aromatherapy devices, diffusers, plug-in diffusers, candles, hand sanitizer, sleep sound systems, headphones, sleep and relaxation electronic devices, sleep accessories, alarm clocks, misters, humidifiers, vaporizers, heating pads, body braces, compression garments, compression socks, therapeutic compression wraps, massagers, foot massagers, neck massagers, yoga videos, yoga mats, ear plugs, bean bag beds, bean bag pillows, bean bag chairs, herbal tea, herbal drinks, water, pillows, pillow cases, blankets, sheets, bedding, mattresses, mattress toppers, bed frames, bed frame protectors, towels, slippers, robes, sleep masks, eye masks, and sprays
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) 3877980.


For informational purposes only, applicant's website address is: www.relaxium.com

The owner's/holder's proposed attorney information: Adam Ross Bialek. Other appointed attorneys are Jana Farmer, Michelle Gallagher, Kara Thorvaldsen. Recognized Canadian attorney(s)/agent(s) is/are Adam Ross Bialek. Adam Ross Bialek of Wilson Elser Moskowitz, Edelman & Dicker 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
      150 E. 42nd Street
      New York, New York 10017
      United States
      212-915-5143(phone)
      212-490-3038(fax)
      adam.bialek@wilsonelser.com
The docket/reference number is 22695.00001.
Adam Ross Bialek 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:

Adam Ross Bialek

PRIMARY EMAIL FOR CORRESPONDENCE: adam.bialek@wilsonelser.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@wilsonelser.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 $350 has been submitted with the application, representing payment for 1 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: /Adam Ross Bialek/   Date: 02/10/2022
Signatory's Name: Adam Ross Bialek
Signatory's Position: Attorney of Record
Signatory's Phone Number: 212-915-5143
Signature method: Signed directly within the form
Payment Sale Number: 97262403
Payment Accounting Date: 02/10/2022

Serial Number: 97262403
Internet Transmission Date: Thu Feb 10 19:26:59 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022021019265945
5360-97262403-81074d7c014632a162eb470683
93b724bd228a86ab44068142d6bc368253eb7eb2
-CC-26582125-20220210190352587668