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: 98042354

Filing Date: 06/14/2023

To the Commissioner for Trademarks:

MARK: HILO (Standard Characters, see mark)
The literal element of the mark consists of HILO. The mark consists of standard characters, without claim to any particular font style, size, or color.
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:  Tobacco, raw or manufactured; tobacco substitutes not for medical purposes; cigars; cigarillos; electronic cigarettes; cartridges for electronic cigarettes sold empty; cartridges for electronic cigarettes filled with electronic cigarette liquid nicotine solutions; liquids for electronic cigarettes, namely, electronic cigarette liquid (e-liquid) comprised of propylene glycol, electronic liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, liquid nicotine solutions for use in electronic cigarettes; 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 parts for devices for heating tobacco or tobacco substitutes for the purpose of inhalation; tobacco substitutes for the purpose of inhalation; cigarettes containing tobacco substitutes not for medical purposes; tobacco free oral nicotine pouches not for medical use
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.

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 018823241, filed 01/13/2023.
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 1390841.
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: 06/14/2023
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: 98042354
Payment Accounting Date: 06/14/2023

Serial Number: 98042354
Internet Transmission Date: Wed Jun 14 14:38:29 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20230614143830670
609-98042354-860c4d81596e1fdc3f5f3724b65
c145a0f5a6261adcf2b3c628b48634f34be74bc-
CC-38299009-20230614133648543675