TEAS Plus New 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

TEAS Plus Application

Serial Number: 98116750

Filing Date: 08/04/2023

To the Commissioner for Trademarks:

MARK: Viatia (Standard Characters, see mark)
The literal element of the mark consists of Viatia. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Feng Li, a citizen of China, having an address of
      Rencai Market Building, Baoan North
      Road, Luohu District, Shenzhen,
      Guangdong 518001
      China
      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:  Eyeliner; Eyeshadow; Mascaras; Shampoos; Cosmetics in the form of milks, lotions and emulsions; Eye cream; Eyebrow pencils; Face creams for cosmetic use; Facial cleansers; Facial make-up, namely, foundation; False eyelashes; Hair care creams; Hair care preparations; Hair shampoos and conditioners; Hair tonic; Lip stains for cosmetic purposes; Tanning creams

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 07/23/2023, and first used in commerce at least as early as 07/23/2023, 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) Photos of goods, namely, False eyelashes, displaying Applicant's mark as currently used in U. S. commerce..
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPE0-478810283-2023080402 3205614369_._specimen10_1 243419.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: http://www.walmart.com/ip/viatia-5-Pairs-Thai-Style-False-Eyelashes-3D-Lightweight-Natural-Comfortable-Clear-Band-Daily-Eyelashes-Fluffy-Soft-Eyelashes-Packs/2872111586
Webpage Date of Access: 08/02/2023


Translation
The wording Viatia has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
Viatia appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


The owner's/holder's proposed attorney information: Robert Gempeler. Robert Gempeler of Kunzler Bean & Adamson, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      50 West Broadway, 10th Floor
      SALT LAKE CITY, Utah 84101
      United States
      801-994-4646(phone)
      rgempeler@kba.law

Robert Gempeler 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:

Robert Gempeler

PRIMARY EMAIL FOR CORRESPONDENCE: rgempeler@kba.law        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joybicem@outlook.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 $250 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: /Robert R. Gempeler/   Date: 08/04/2023
Signatory's Name: Robert R. Gempeler
Signatory's Position: Partner, Kunzler Bean & Adamson, Utah Bar member
Signature method: Signed directly within the form
Payment Sale Number: 98116750
Payment Accounting Date: 08/04/2023

Serial Number: 98116750
Internet Transmission Date: Fri Aug 04 02:45:37 ET 2023
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20230804024538675
395-98116750-860d39d1a34143e7c1a534996c3
10f120faecdb2d5ee21da4ea75c6c957d7a553a3
-DA-45389802-20230804023205614369