TEAS Plus New 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

TEAS Plus Application

Serial Number: 97311929

Filing Date: 03/14/2022

To the Commissioner for Trademarks:

MARK: COSMOS (Standard Characters, see mark)
The literal element of the mark consists of COSMOS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Vamsi Mohan Nallapati, a citizen of United States, having an address of
      501 S. New Hope Road
      Raleigh, North Carolina 27610
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 019:  Non-metal building materials, namely, natural, engineered, and manufactured stone, resin, glass, tile and porcelain for the manufacture of countertops and for flooring and walls

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 019, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 00/00/2005, and first used in commerce at least as early as 00/00/2005, 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) Image of goods with label displaying the mark.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Distributorship services in the field of natural and manufactured stone, resin, glass, tile, porcelain, sinks, and other building materials; Wholesale and retail store services featuring natural, engineered, and manufactured stone, glass, tile, porcelain, sinks, and related building materials

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 00/00/2005, and first used in commerce at least as early as 00/00/2005, 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) image of web page displaying the mark with reference to the services.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided


Miscellaneous Statement
In Applicant's opinion, Applicant is the sole and exclusive owner of the mark sought to be registered and has the exclusive right to use the mark in commerce, directly or through Applicant's licensees. However, Justh Holdings, LLC ("Justh") along with one of its managing members, Hari Hara Prasad Nallapaty, has contested Applicant's rights, whereby Justh alleged that it is exclusively entitled to use the mark COSMOS and variants thereof, including COSMOS SURFACES. Justh and its wholly-owned subsidiaries operate facilities that use variations of COSMOS marks in various locales, including Atlanta GA, Savannah GA, Greenville SC, Salt Lake City UT, Portland OR, Seattle WA, Spokane WA, San Francisco CA. Justh also holds several disputed U.S. trademark registrations and pending applications, including registration numbers 5774030, 5757082, and 5803910 and application serial numbers 88597466, 88597467, and 88597471. Litigation between Applicant and Justh with respect to their trademark and other rights currently is pending in the United States District Court for the Eastern District of North Carolina, Civil Case No. 5:20-cv-47-D.


The owner's/holder's proposed attorney information: Vedia Jones-Richardson. Other appointed attorneys are Susan Freya Olive, A. Jose Cortina, Brian J. Crews, David McKenzie, Shelley B. Fullwood. Vedia Jones-Richardson of Olive & Olive, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      500 Memorial Street
      Durham, North Carolina 27701
      United States
      919-683-5514(phone)
      919-688-3781(fax)
      emailboxtm@oliveandolive.com
The docket/reference number is NAVM0300.
Vedia Jones-Richardson 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:

Vedia Jones-Richardson

PRIMARY EMAIL FOR CORRESPONDENCE: emailboxtm@oliveandolive.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 $500 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: /Vamsi Mohan Nallapati/   Date: 03/14/2022
Signatory's Name: Vami Mohan Nallapati,
Signatory's Position: Owner
Signature method: Sent to third party for signature
Payment Sale Number: 97311929
Payment Accounting Date: 03/14/2022

Serial Number: 97311929
Internet Transmission Date: Mon Mar 14 22:13:12 ET 2022
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-202203142213124149
72-97311929-82057fa624b845a822c584dc4daf
61045a9bac297cc3cd2781fbc9f5411a255b11-D
A-13123465-20220314183813298616