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: 97761699

Filing Date: 01/20/2023

To the Commissioner for Trademarks:

MARK: WILL RELIEVE (stylized and/or with design, see mark)
The literal element of the mark consists of WILL RELIEVE. The applicant is not claiming color as a feature of the mark. The mark consists of the word WILL placed above the word RELIEVE in a smaller font with both words left-justified.
The applicant, WILL PERFORM PBC, a corporation of Delaware, having an address of
      4040 Civic Center Drive, Suite 200
      San Rafael, California 94903
      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:  Muscle gels for cosmetic purposes; Massage creams; Non-medicated balms for use on skin; Topical skin sprays for cosmetic purposes; non-medicated skincare creams and lotions

In International Class 003, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/08/2022, and first used in commerce at least as early as 12/08/2022, 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 described in the ecommerce section of Applicant's website. The image includes specific (add to cart) information on how to purchase the goods associated with the trademark..

Original PDF file:
SPE0-381121538-2023011819 1630707837_._WILL_RELIEVE _specimen_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 005:  Analgesic balm; analgesics; Analgesic preparations; Topical analgesic creams; Anti-inflammatory analgesic plasters; Analgesics for medical use; Balms for medical purposes; Medicaments for promoting recovery from tendon and muscle injuries and disorders and sports related injuries; Muscle-rub preparations for the relief of pain; Muscle gels for therapeutic purposes; Sports cream for relief of pain; Cooling sprays for medical purposes; Therapeutic spray to soothe and relax the muscles; Medicated skin care preparations, namely, creams, lotions, and gels;

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/08/2022, and first used in commerce at least as early as 12/08/2022, 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 described in the ecommerce section of Applicant's website. The image includes specific (add to cart) information on how to purchase the goods associated with the trademark..

Original PDF file:
SPE0-1-381121538-20230118 191630707837_._WILL_RELIE VE_specimen_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Kelly P. McCarthy. Kelly P. McCarthy of Sideman & Bancroft LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1 Embarcadero Center, 22nd Floor
      San Francisco, California 94111
      United States
      trademarkgroup@sideman.com
The docket/reference number is 11663-1.
Kelly P. McCarthy 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:

Kelly P. McCarthy

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkgroup@sideman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kmccarthy@sideman.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 $700 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: /Natalie A. Bize/   Date: 01/19/2023
Signatory's Name: Natalie A. Bize
Signatory's Position: Associate Attorney, Sideman & Bancroft LLP, California Bar Member
Signatory's Phone Number: 415-392-1960
Signature method: Signed directly within the form
Payment Sale Number: 97761699
Payment Accounting Date: 01/20/2023

Serial Number: 97761699
Internet Transmission Date: Fri Jan 20 01:55:33 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20230120015533765
865-97761699-8608d10e66190543fe21e5bc8a8
1075318f889dc52475f316d4968ebf8d1c7c8bb-
DA-55330233-20230120015202965152