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: 97781122
Filing Date: 02/05/2023

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.


The table below presents the data as entered.

Input Field
Entered
TEAS PlusYES
MARK INFORMATION
*MARK\\TICRS\EXPORT18\IMAGEOUT 18\977\811\97781122\xml1 \ FTK0002.JPG
*SPECIAL FORM YES
USPTO-GENERATED IMAGE NO
LITERAL ELEMENTY
*COLOR MARK NO
*COLOR(S) CLAIMED
(If applicable)
*DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a Y shaped line, with the upper right side of the Y shape designed to appear like a leaf, and containing a white space between the lines on the upper right side.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT360 x 409
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARKHerbaly Marketplace Inc.
*MAILING ADDRESS4113-1751 rue Richardson, Montreal, QC
*CITYMontreal, QC
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORYCanada
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
H3K1G6
PHONE+1-8336437225
*EMAIL ADDRESSXXXX
WEBSITE ADDRESShttps://herbaly.com
LEGAL ENTITY INFORMATION
*TYPECORPORATION
* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Canada
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS003 
*IDENTIFICATIONEssential oils
*FILING BASISSECTION 1(a)
       FIRST USE ANYWHERE DATEAt least as early as 08/02/2022
       FIRST USE IN COMMERCE DATEAt least as early as 08/02/2022
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\977\811\97781122\xml1 \ FTK0003.JPG
       SPECIMEN DESCRIPTIONan image of the bottle used by the applicant to distribute essential oil products as displayed on the applicant's website
        WEBPAGE URL https://herbaly.com/products/mood-calm-therapy-essential-oil
        WEBPAGE DATE OF ACCESS 02/05/2023
*INTERNATIONAL CLASS005 
*IDENTIFICATIONHerbal extracts for medical purposes; Herbal supplements; Herbal supplements for sleeping problems; Herbal teas for medicinal purposes; Liquid herbal supplements; Natural herbal supplements
*FILING BASISSECTION 1(a)
       FIRST USE ANYWHERE DATEAt least as early as 08/02/2022
       FIRST USE IN COMMERCE DATEAt least as early as 08/02/2022
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\977\811\97781122\xml1 \ FTK0004.JPG
       SPECIMEN DESCRIPTIONthe mark used by the applicant to promote and identify various herbal supplements made available to customers via the applicant's website
        WEBPAGE URL https://herbaly.com/collections/all
        WEBPAGE DATE OF ACCESS 02/05/2023
*INTERNATIONAL CLASS030 
*IDENTIFICATIONTea; Herbal tea
*FILING BASISSECTION 1(a)
       FIRST USE ANYWHERE DATEAt least as early as 08/02/2022
       FIRST USE IN COMMERCE DATEAt least as early as 08/02/2022
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\977\811\97781122\xml1 \ FTK0005.JPG
       SPECIMEN DESCRIPTIONthe mark used on the packaging used by the applicant to distribute herbal tea products
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
*INTERNATIONAL CLASS032 
*IDENTIFICATIONIsotonic beverages; Non-alcoholic water-based beverages also containing Herbal Extracts; Water beverages
*FILING BASISSECTION 1(a)
       FIRST USE ANYWHERE DATEAt least as early as 08/02/2022
       FIRST USE IN COMMERCE DATEAt least as early as 08/02/2022
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\977\811\97781122\xml1 \ FTK0006.JPG
       SPECIMEN DESCRIPTIONan image of the packaging used by the applicant to distribute iced tea which contains herbal extracts and other ingredients, as displayed on the applicant's website
        WEBPAGE URL https://herbaly.com/products/wellness-iced-tea
        WEBPAGE DATE OF ACCESS 02/05/2023
ADDITIONAL STATEMENTS SECTION
*TRANSLATION
(if applicable)
 
*TRANSLITERATION
(if applicable)
 
*CLAIMED PRIOR REGISTRATION
(if applicable)
 
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
 
ATTORNEY INFORMATION
NAME Zakir Mir
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET Suite# 120, 2-235 Hood Road
CITY Markham
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Canada
ZIP/POSTAL CODE L3R4N3
PHONE 716-304-0295
EMAIL ADDRESS zakir@borderlesscounsel.com
CORRESPONDENCE INFORMATION
NAME Zakir Mir
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEzakir@borderlesscounsel.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)mike@herbaly.com
FEE INFORMATION
APPLICATION FILING OPTIONTEAS Plus
NUMBER OF CLASSES4
APPLICATION FOR REGISTRATION PER CLASS250
*TOTAL FEES DUE1000
*TOTAL FEES PAID1000
SIGNATURE INFORMATION
* SIGNATURE /zakir mir/
* SIGNATORY'S NAME Zakir Mir
* SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 716-304-0295
* DATE SIGNED 02/05/2023
SIGNATURE METHOD Signed directly within the form



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: 97781122
Filing Date: 02/05/2023

To the Commissioner for Trademarks:

MARK: Y (stylized and/or with design, see mark)
The literal element of the mark consists of Y. The applicant is not claiming color as a feature of the mark. The mark consists of a Y shaped line, with the upper right side of the Y shape designed to appear like a leaf, and containing a white space between the lines on the upper right side.
The applicant, Herbaly Marketplace Inc., a corporation of Canada, having an address of
      4113-1751 rue Richardson, Montreal, QC
      Montreal, QC H3K1G6
      Canada
      +1-8336437225(phone)
      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 003:  Essential oils

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 003, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/02/2022, and first used in commerce at least as early as 08/02/2022, 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) an image of the bottle used by the applicant to distribute essential oil products as displayed on the applicant's website.
Specimen File1

Webpage URL: https://herbaly.com/products/mood-calm-therapy-essential-oil
Webpage Date of Access: 02/05/2023

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Herbal extracts for medical purposes; Herbal supplements; Herbal supplements for sleeping problems; Herbal teas for medicinal purposes; Liquid herbal supplements; Natural herbal supplements

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 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/02/2022, and first used in commerce at least as early as 08/02/2022, 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) the mark used by the applicant to promote and identify various herbal supplements made available to customers via the applicant's website.
Specimen File1

Webpage URL: https://herbaly.com/collections/all
Webpage Date of Access: 02/05/2023

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 030:  Tea; Herbal tea

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 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/02/2022, and first used in commerce at least as early as 08/02/2022, 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) the mark used on the packaging used by the applicant to distribute herbal tea products.
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 032:  Isotonic beverages; Non-alcoholic water-based beverages also containing Herbal Extracts; Water beverages

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 032, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/02/2022, and first used in commerce at least as early as 08/02/2022, 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) an image of the packaging used by the applicant to distribute iced tea which contains herbal extracts and other ingredients, as displayed on the applicant's website.
Specimen File1

Webpage URL: https://herbaly.com/products/wellness-iced-tea
Webpage Date of Access: 02/05/2023



For informational purposes only, applicant's website address is: https://herbaly.com
The owner's/holder's proposed attorney information: Zakir Mir. Zakir Mir, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite# 120, 2-235 Hood Road
      Markham L3R4N3
      Canada
      716-304-0295(phone)
      zakir@borderlesscounsel.com

Zakir Mir 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:
      Zakir Mir
       PRIMARY EMAIL FOR CORRESPONDENCE: zakir@borderlesscounsel.com
       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mike@herbaly.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 $1000 has been submitted with the application, representing payment for 4 class(es).

Declaration

Declaration Signature

Signature: /zakir mir/   Date: 02/05/2023
Signatory's Name: Zakir Mir
Signatory's Position: Attorney of Record
Signatory's Phone Number: 716-304-0295
Signature method: Signed directly within the form
Payment Sale Number: 97781122
Payment Accounting Date: 02/06/2023

Serial Number: 97781122
Internet Transmission Date: Sun Feb 05 05:31:43 ET 2023
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XX-2023020505314498
4756-97781122-860fff658c16d2317ca212ae61
2d27dca82de9f43748395b71c6a7f3a68f0b9a5-
CC-31431648-20230205045751727019