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: 97523987

Filing Date: 07/28/2022

To the Commissioner for Trademarks:

MARK: HYPER X2 AIR (stylized and/or with design, see mark)
The literal element of the mark consists of HYPER X2 AIR. The applicant is not claiming color as a feature of the mark. The mark consists of the words HYPER X2 AIR written in a stylized font. The words "HYPER X2" appear above the word "AIR".
The applicant, British American Tobacco (Brands) Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Globe House
      4 Temple Place
      London WC2R2PG
      United Kingdom
      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 034:  Cigarettes; tobacco, raw or manufactured; tobacco products; namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; cigars; cigarillos; lighters for smokers; matches; smokers' articles, namely, filter tubes, cigar relighting liquid solution; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper cigarette tubes; electronic cigarettes; cartridges for electronic cigarettes sold empty; cartridges for electronic cigarettes filled with electronic cigarette liquid; liquids for electronic cigarettes, namely, electronic cigarette liquid (e-liquid); tobacco products for the purpose of being heated namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and their parts for devices for the purpose of heating tobacco; tobacco substitutes for the purpose of inhalation; cigarettes containing tobacco substitutes; cigarette cases; cigarette boxes; snus with tobacco; snuff with tobacco; snus without tobacco; snuff without tobacco; tobacco free oral nicotine pouches, not for medical use

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003811570, filed 07/20/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: William M. Bryner. Other appointed attorneys are all the attorneys of Kilpatrick Townsend & Stockton LLP. William M. Bryner of Kilpatrick Townsend & Stockton 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
      1001 W. Fourth Street
      Winston-Salem, North Carolina 27101
      United States
      336-607-7300(phone)
      336-607-7500(fax)
      tmadmin@kilpatricktownsend.com
The docket/reference number is 1341553.
William M. Bryner 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:

William M. Bryner

PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bhobson@kilpatricktownsend.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: /ROMINA SARTI/   Date: 07/28/2022
Signatory's Name: Romina Sarti
Signatory's Position: Authorised Attorney
Signatory's Phone Number: 336-607-7300
Signature method: Sent to third party for signature
Payment Sale Number: 97523987
Payment Accounting Date: 07/28/2022

Serial Number: 97523987
Internet Transmission Date: Thu Jul 28 12:13:51 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022072812135187
0798-97523987-820c5de6eebab22aab17cc242b
868d7d66c4f2254623d7ce466816c11924400-CC
-13501075-20220726115859925276