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: 97401235

Filing Date: 05/09/2022

To the Commissioner for Trademarks:

MARK: C'RCLE (Standard Characters, see mark)
The literal element of the mark consists of C'RCLE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aytu BioPharma, Inc., a corporation of Delaware, having an address of
      373 Inverness Parkway, Suite 206
      Englewood, Colorado 80112
      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:  Topical cosmetic solution in the nature of cream for personal use for hygiene and skin cleansing; Topical herbal cream for firming and enhancing breasts; Beauty creams; Body cream; Body lotion; Cosmetic creams; Cosmetic creams for skin care; Cosmetic preparations, namely, firming creams; Cosmetic oils; Non-medicated hair care preparations, namely, shampoo, conditioner, and serum; Non-medicated skincare creams and lotions; Non-medicated stimulating lotions for the skin; oils for cosmetic purposes; pre-moistened cosmetic wipes; Non-medicated foot cream
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:  Dietary and nutritional supplements; Dietary and nutritional supplements for boosting testosterone and immune system, increasing muscle growth and endurance, preventing cachexia, increasing nitric oxide levels, increasing blood sugar levels, increasing blood flow, increasing sexual performance, increasing vision, weight loss, fat burning, prostate support, bladder control, joint support, nerve support, increasing mental cognition and memory, providing omega 3 oils
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 035:  Online retail store services featuring subscription boxes containing health foods, dietary supplements, nutritional supplements, herbs, vitamins, sports nutrition products, fitness products, cosmetics, body care products, medical devices, medical instruments, medical apparatuses, pharmaceuticals, and weight loss supplements; On-line retail store services featuring health foods, dietary supplements, nutritional supplements, herbs, vitamins, sports nutrition products, fitness products, cosmetics, body care products, medical devices, medical instruments, medical apparatuses, pharmaceuticals, and weight loss supplements
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.


Miscellaneous Statement
Applicant claims ownership of U. S. Serial No. 97/320,916.


The owner's/holder's proposed attorney information: Eryn Y. Truong. Other appointed attorneys are all other attorneys of the firm, Loza & Loza, LLP. Eryn Y. Truong of LOZA & LOZA, 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
      305 N. Second Ave., #127
      Upland, California 91786
      United States
      917-672-3712(phone)
      917-672-3712(fax)
      erynt-pto@lozaip.com
The docket/reference number is AIPA-6921A.
Eryn Y. Truong 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:

Eryn Y. Truong

PRIMARY EMAIL FOR CORRESPONDENCE: erynt-pto@lozaip.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 $1050 has been submitted with the application, representing payment for 3 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: /Eryn Y. Truong/   Date: 05/07/2022
Signatory's Name: Eryn Y. Truong
Signatory's Position: Attorney of Record, New York Bar member
Signatory's Phone Number: 917-672-3712
Signature method: Sent to third party for signature
Payment Sale Number: 97401235
Payment Accounting Date: 05/09/2022

Serial Number: 97401235
Internet Transmission Date: Mon May 09 14:21:15 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022050914211559
2095-97401235-82052655c9860a88d7cf98d7da
ffbcfddf77cc925a834f06311102e40b6f451c93
-CC-21140255-20220506194811052321