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: 97601901

Filing Date: 09/22/2022

To the Commissioner for Trademarks:

MARK: ax (stylized and/or with design, see mark)
The literal element of the mark consists of ax. The applicant is not claiming color as a feature of the mark. The mark consists of the word "ax" written in a stylized font.
The applicant, TheBrainProject s. r. o., a spolecnost s rucenim omezenym (spol s.r.o.) legally organized under the laws of Slovakia, having an address of
      Brizitská 3509/65
      Bratislava 84101
      Slovakia
      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:  Food supplements; Homeopathic supplements; Herbal supplements; Probiotic supplements; Vitamin supplements; Mineral supplements; Nutritional supplements; Dietary supplements; Weight management supplements; Dietary and nutritional supplements; Vitamin and mineral supplements; Protein supplements for animals; Dietary supplements for animals; Dietary supplements for pets; Medicated supplements for foodstuffs for babies; Medicated supplements for foodstuffs for animals; Dietary supplements with a cosmetic effect; Dietary supplements for humans and animals; Vitamins and dietary food supplements for animals; Dietary supplements for human beings and animals; Protein supplement shakes; Nutritional supplement shakes; Powdered nutritional supplement concentrate; Nutritional supplement energy bars; Dietary supplement drink mixes; Powdered nutritional supplement drink mix and concentrate; Soy protein for use as a nutritional supplement in various powdered and ready-to-drink beverages.

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 European Union Trademark - EUTM application number 018765135, filed 09/22/2022.
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.


International Class 030:  Processed cereals for food for human consumption; Propolis for human consumption; Biscuits; Pizza; Sandwiches; Buns; Cakes; Chocolate; Coffee, tea, cocoa and artificial coffee; Crackers; Croissants; Pastries; Confectionery made of sugar; Herbal infusions; Sorbets; Sherbet; Spices; Salad dressing; Salad sauces; Frozen yoghurt; Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Food package combinations consisting primarily of bread, crackers and/or cookies; Herbal food beverages; Grain-based food beverages; Edible food for animals for chewing; Pasta and noodles.

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 European Union Trademark - EUTM application number 018765135, filed 09/22/2022.
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.


International Class 032:  Drinking water; Cola drinks; Soft drinks; Non-carbonated soft drinks; Fruit drinks and juices; Carbonated non-alcoholic drinks; Non-alcoholic carbonated drinks; Soft drinks flavored with tea; Preparations for making soft drinks; Effervescent tablets for making soft drinks; Concentrates used in the preparation of soft drinks; Concentrates, syrups or powders used in the preparation of sports and energy drinks; Beer-based beverages; Non-alcoholic malt beverages; Protein-enriched sports beverages; Smoothies; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements

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 European Union Trademark - EUTM application number 018765135, filed 09/22/2022.
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.


International Class 035:  Providing consumer product information relating to food or drink products; Publicity and sales promotion relating to goods and services available on-line; Retail store services featuring food supplements, dietary and nutritional supplements, foodstuff, beverages, non-alcoholic drinks; On-line retail store services featuring food supplements, dietary and nutritional supplements, foodstuff, beverages, non-alcoholic drinks; Online retail grocery store services; Business management and organization consultancy

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 European Union Trademark - EUTM application number 018765135, filed 09/22/2022.
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: Paul Cosmovici. Paul Cosmovici, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      80 Broad Street, 5th Floor, #6377
      New York, New York 10004
      United States
      usmark@cosmovici-ip.com
The docket/reference number is 15662.
Paul Cosmovici 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:

Paul Cosmovici

PRIMARY EMAIL FOR CORRESPONDENCE: usmark@cosmovici-ip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usmark@cosmovici-ip.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 $1400 has been submitted with the application, representing payment for 4 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: /Paul Cosmovici/   Date: 09/22/2022
Signatory's Name: Paul Cosmovici
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 97601901
Payment Accounting Date: 09/22/2022

Serial Number: 97601901
Internet Transmission Date: Thu Sep 22 08:55:04 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022092208550584
4293-97601901-820bad0c0c0d25c2262dcd3d27
1e91a417f447ae8ef25c2b8fb0ccd1c76d7a34c-
CC-55040622-20220922084235670829