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: 98067407

Filing Date: 06/30/2023

To the Commissioner for Trademarks:

MARK: DAYWALKER (Standard Characters, see mark)
The literal element of the mark consists of DAYWALKER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BLACK VESSEL INC, a corporation of Delaware, having an address of
      3225 McLeod Dr, Suite 100
      Las Vegas, California 89121
      United States
      786-862-9868(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:

International Class 034:  Smoking articles, namely, hemp flower for smoking containing CBD that is naturally occurring, solely derived from and resulting in a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Pods in the nature of cartridges containing e-liquids comprised of propylene glycol, vegetable glycerin, nicotine, and natural and artificial flavorings, other than essential oils for electronic cigarettes; Legally produced hemp derivatives, derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis, namely, resins and oils other than essential oils, hashes and waxes for smoking or vaping; Electronic cigarette liquid (e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette lanyards; Electronic cigarette lighters; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Boxes for electronic cigarettes and electronic cigarette accessories in the nature of charging cases and holders; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Cartridges sold filled with propylene glycol for electronic cigarettes; Cartridges sold filled with vegetable glycerin for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Chemical flavorings in liquid form not being essential oils used to refill electronic cigarette cartridges; Flavorings, other than essential oils, for use in electronic cigarettes; Mechanical electronic cigarettes; all of the foregoing cannabis-related goods containing cannabis ingredients solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis with the resulting goods containing a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
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.



The owner's/holder's proposed attorney information: Jack Fritz, Esq. Other appointed attorneys are Michael O'Brien. Jack Fritz, Esq of Fritz Law Group | Patent Jack PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      401 W A St Suite 200
      San Diego, California 92101
      United States
      626-629-8845(phone)
      jack@fritzlawgroup.com
The docket/reference number is BLKVSL_TM03.
Jack Fritz, Esq 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:

Jack Fritz, Esq

PRIMARY EMAIL FOR CORRESPONDENCE: jack@fritzlawgroup.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jack@patentjack.com; chrisxsy@gmail.com; mobrien@obrienpatents.com; blackvesselinc@gmail.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: /Jack Fritz, Esq./   Date: 06/30/2023
Signatory's Name: Jack Fritz, Esq
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 626-629-8845
Signature method: Signed directly within the form
Payment Sale Number: 98067407
Payment Accounting Date: 06/30/2023

Serial Number: 98067407
Internet Transmission Date: Fri Jun 30 16:37:58 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230630163759748485-98067407-
860add859a940a46aca14137a4423ebb424fa511
9dbb23bf91975bb553c398816-CC-37588920-20
230630163346015378