Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1051849
`04/28/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`Proceeding
`
`Party
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`Correspondence
`Address
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`91254264
`
`Defendant
`Ispira Srl
`
`JASON L DEFRANCESCO
`HILL WALLACK LLP
`21 ROSZEL RD
`PRINCETON, NJ 08540
`UNITED STATES
`jdefrancesco@hillwallack.com, ipdocket@hillwallack.com
`no phone number provided
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Motion to Dismiss - Rule 12(b)
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`Jason DeFrancesco
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`jdefrancesco@hillwallack.com
`
`/Jason DeFrancesco/
`
`04/28/2020
`
`Motion to Dismiss.pdf(338041 bytes )
`Decl DeFrancesco.pdf(379284 bytes )
`Exhibits.pdf(4015097 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No.: 91254264
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`M2BPens Florida LLC,
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`v.
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`Ispira Srl,
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`Opposer,
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`Applicant.
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`APPLICANT’S MOTION TO DISMISS
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`Ispira Srl (“Applicant”) by and through the undersigned and pursuant to TBMP § 503
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`and Fed. R. Civ. P. 12(b) requests the Board dismiss all counts alleged in the Opposition
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`because Opposer lacks standing, fails to state a claim and because the Opposition is not
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`warranted by existing law or asserted for the purpose of establishing any new laws. The
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`Opposition is nothing more than a plot to harass Applicant based on an unrelated dispute.
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`STANDARD FOR A MOTION TO DISMISS
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`In granting a motion to dismiss for failure to state a claim, Applicant need only show
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`Opposer’s allegations (1) do not establish standing or (2) do not form a valid basis to
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`challenge a mark. Lipton Industries, Inc. v. Ralston Purina Co., 670 F.2d 1024, 213 USPQ
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`185 (CCPA 1982) and TBMP §503.02.
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`Although Fed. R. Civ. P. 8(f) requires an Opposition be examined “liberally”, Rule
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`12(b)(6) should be invoked when it is appropriate to “eliminate actions that are fatally flawed
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`in their legal premises and destined to fail …” Advanced Cardiovascular Systems Inc. v.
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`SciMed Life Systems Inc., 26 USPQ2d 1038, 1041 (Fed. Cir. 1993)(emphasis added); 5A
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`Wright & Miller, Federal Practice And Procedure: Civil 2d §1357 (1990).
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`1
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`

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`I.
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`OPPOSER LACKS STANDING
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`Section 13 of the Trademark Act, 15 U.S.C. Section 1063, provides:
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`An opposition may be brought by “any person who believes he is or will be damaged
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`by the registration of a mark on the principal register....”
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`The term “damage” does not support standing, if a party cannot plead a “real
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`interest” in a case, i.e., a personal interest in the outcome of a proceeding beyond that of the
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`general public or mere intermeddler. See Otto Roth & Co., Inc. v. Universal Foods Corp., 640
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`F.2d 1317, 209 USPQ 40, 41-42 (CCPA 1981). A personal interest is satisfied when a party is
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`engaged in goods or services similar to an applicant or is otherwise situated such that it should
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`have equal right to use all or part of an applicant’s mark to describe its goods or services
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`without restriction. See Id.
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`Opposer suggests it has standing based on several cases cited in the Opposition (1
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`TTABVUE at ¶¶ 1-5). The Opposition however meets neither.
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`For example,
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`·
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`Opposer alleged NO interest in Applicant’s Mark
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`In paragraph 1, Opposer cites, Kellogg Co. v. General Mills Inc., 82 USPQ2d 1766,
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`1768 (TTAB 2007) and Monetecash LLC v. Anzar Enterprises, Inc., 95 USPQ2d 1060 (TTAB
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`2010). In Kellogg Co. the Board found standing because Kellogg had commercial interest in
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`the term “Cinnamon Toast” for cereal sufficient to oppose registration of CINNAMON
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`TOAST CRUNCH (and the parties agreed to standing). Kellogg Co. at 1766. In Monetecash
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`LLC, the Board found standing because Petitioner, a competitor, expressed a need to use a
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`term that was part of respondent’s mark.
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`Opposer alleged no interest in Applicant’s Mark or need to use LEONARDO.
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`2
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`

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`Opposer is not a Defendant
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`·
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`In paragraph 2, Opposer cites, Bankamerica Corp v. Invest America, 5 USPQ2d
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`1076 (TTAB 1987) which stands for the proposition that a party otherwise without interest in
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`a mark can assert a claim but when it is a Defendant, and in the form of a counterclaim. Here,
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`the Opposer is not a defendant.
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`·
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`Opposer alleged NO interest in LEONARDO
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`In paragraph 3, Opposer cites, Estate of Biro v. Bic Corp., 18 USPQ2d 1382 (TTAB
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`1991) and University of Notre Dame du Lac v. J.C. Gourmet Food Imports Co. Inc., 217
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`USPQ 505 (TTAB 1983). In Estate of Biro, the Estate was found to have standing to
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`challenge BIRO based on the fact Biro is the surname of a pen inventor whose “persona”
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`rights were implicated by Bic’s application to register the surname as a mark for pens. In
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`University of Notre Dame the university alleged a false association with Applicant’s
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`application to register NOTER DAME for cheese. The Opposer alleges no “persona” sights,
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`personal stake or interest in Applicant’s Mark.
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`In paragraph 4, Opposer cites, Bose Corp. v. Hexawave, Inc., Opposition No.
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`91157315, 2008 WL 1741913 (TTAB 2008). The case concerns a Section 8 and 9 (renewal)
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`and is not applicable or precedent of the TTAB.
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`·
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`Opposer plead NO intent to deceive
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`In paragraph 5, Opposer cites, Copelands' Enterprises Inc. v. CNV Inc., 945 F.2d
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`1563 (Fed. Cir. 1991), as a basis for fraudulent misuse of the registration symbol. Copelands'
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`requires misuse be done “with intent to deceive the purchasing public or others in the trade
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`into believing the mark is registered.” Copelands' Enterprises at 1566. Notwithstanding the
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`fact there can be no “fraudulent misuse” (as further explained), Opposer plead no intent.
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`3
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`

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`Opposer has no “real interest” to challenge Applicant’s Mark beyond that of the
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`general public or intermeddler. The opposition is merely intended to harass Applicant based
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`on an unrelated dispute as explained in the following,
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`OPPOSER’S PLEADINGS ARE INVALID
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`II.
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`A.
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`The Notice of Opposition, Claims 1 and 2 (1
`TTABVUE, ¶¶ 6--14) are fatally defective
`because Opposer ratified “purported
`shortcomings” in Applicant’s Application when
`it too filed a practically identical TM Application
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`Opposer’s general allegations are that Applicant’s mark is descriptive of Applicant’s
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`goods, e.g., pens, or it falsely suggests a connection with Leonardo Da Vinci.
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`Assuming true, Opposer cannot prevail or prove either claim based on its
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`“ratification.” (Ratification is a mechanism that estops a party from advancing a complained-
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`of-act against it, when it too has committed the same act itself. See, Town of Bloomfield v.
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`Charter Oak Nat. Bank, 121 U.S. 121 (1887)(when a party ratifies actions of another, it is
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`estopped to thereafter deny validity of same).
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`(a)
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`Applicant’s mark is LEONARDO OFFICINA ITALIANA for
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`pens (see Decl. DeFrancesco, ¶ 1)
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`(b)
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`In December 2019, Opposer filed a nearly-identical application to
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`register LEONARDO PENS for pens (see id., ¶¶ 2-6).
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`(c)
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`In December 2019, Opposer threatened all legal action against
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`Applicant, including a baseless opposition, based on purported claims of
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`patent infringement – even though it owns no patent (see id., ¶ 8).
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`Once Opposer filed its TM application under oath, it took the position that
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`Applicant’s Mark is not unregisterable. Otherwise, Opposer admits its filing is fraudulent and
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`that it is subject to penalty of perjury under 18 U.S.C. § 1001.
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`4
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`

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`Until such time as Opposer self-incriminates, it may not maintain Claim 1 or 2.
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`B.
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`The Notice of Opposition, Claims 3 and 4 (1
`TTABVUE, ¶¶ 15-26) are fatally defective
`because there is no requirement for Applicant to
`have use of a mark that is an extension of
`protection under the Madrid Protocol
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`Opposer’s position is that Applicant was not using the applied-for mark when its
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`International Application extended to the USPTO under Section 66(a), and as a result,
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`Applicant abandoned the mark or committed fraud. Opposer further suggests, if the mark is
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`used by Applicant then it is “Exhibit E,” which is not the same as the mark in Applicant’s
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`application.
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`The allegations are fundamentally incorrect for being contrary to TMEP Chapter
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`1900 - Madrid Protocol. The Madrid Protocol became effective in the U.S. November 2, 2003.
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`The Madrid Protocol Implementation Act of 2002, Pub. L. 107-273, 116 Stat. 1758, 1913-
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`1921 amended the Trademark Act to provide that holders of an international registration can
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`request extension of protection of the international registration under §66(a) (see, 15 U.S.C. §
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`1141f(a)). While it seems common knowledge in trademark practice, use in commerce prior
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`to registration is not required under §66(a). The rule is also stated in TMEP § 1904.01(d),
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`which specifically states “[u]se in commerce prior to registration is not required.”
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`Therefore, purported use (or not) by Applicant in the U.S. cannot offend a pending
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`application that has no use requirement and therefore Claims 3 and 4 are fatally defective and
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`should be dismissed.
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`The Notice of Opposition, Claim 5 (1 TTABVUE,
`¶¶ 27-29) is fatally defective because Applicant, a
`foreign registrant in Italy, is allowed to use ® in
`U.S. commerce without a U.S. Trademark
`Registration
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`C.
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`5
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`

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`Opposer purports “Exhibit E” is use of Applicant’s mark in U.S. commerce and that
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`it violates TMEP § 902.03 because it has the ® but is not registered at the USPTO (Section
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`902.03 does not exist. It is believed Opposer intended to cite TMEP § 906.02). Under TMEP
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`§ 906, if a Foreign Applicant use of the registration symbol “is based on registration in a
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`foreign country, the use is appropriate.” Brown Shoe Co., Inc. v. Molly D. Robbins, 90
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`U.S.P.Q.2d 1752 (TTAB 2009), see also, TMEP § 906.01.
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`·
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`Applicant owns a registration in the foreign country, Italy (see Decl.
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`DeFrancesco, ¶ 9).
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`(While TMEP § 906.01 does not specifically list Italy as an included country, this is
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`insignificant. The Board has already clarified § 906.01 in that it is not exhaustive or an
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`authority on foreign laws. See, Brown Show Co. at 1752 clarifying TMEP § 906.01 (there is
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`nothing “in the record to indicate that the TMEP section contains an exhaustive list or that it
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`accurately reflects” Italian Law). See also, Pall Corp. v P. J. Dahlhausen & Co. (Case C-
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`238/89, December 13, 1990). Pall Corp., is an example of foreign law that indicates practice
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`of the registration in Europe. In Pall Corp., trademarked goods produced in Italy were
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`distributed in Germany bearing ®. The trademark was registered in Italy, but not Germany.
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`German unfair competition laws at the time considered this deceptive advertising. The
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`European Court of Justice, however, said the German law conflicts with the EU principal of
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`free movement of goods between members. Not only is ® used in Italy and Germany, but for
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`purposes of TMEP § 906.01, ® can be used with any trademark registered in at least in one
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`EU member state, which in this instance is satisfied by the Italian registration.
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`Because Applicant is allowed to use ® Claim 5 should be dismissed.
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`D.
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`The Notice of Opposition should be dismissed
`with prejudice. Opposer should not have another
`opportunity to harass Applicant especially when
`any amendment would be futile
`6
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`

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`The Opposer is not able to cure a pleading that is not warranted by existing law or
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`
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`asserted for the purpose of establishing any new law. The Notice of Opposition per se, or in
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`view of Decl. DeFrancesco, is a mere tool to harass Applicant and advance an interest or
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`dispute unrelated to U.S. Trademarks.
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`Because any amendment by Opposer would be futile, dismissal should be entered
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`with prejudice. See, Leatherwood Scopes Int'l Inc. v. Leatherwood, 63 USPQ2d 1699, 1702
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`(TTAB 2002)(denying amendment where proposed would be futile); see also, Foman v.
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`Davis, 371 U.S. 178, 182 (1962)(factors justifying denial of a motion to amend include “bad
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`faith, or dilatory motive on the part of the movant… [and] futility of the amendment”).
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`WHEREFORE, Applicant, Ispira Srl, respectfully requests all claims in the
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`Opposition be dismissed with prejudice and Application No. 79247573 be allowed to proceed
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`to registration.
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`Dated: April 28, 2020
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`By:
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`Respectfully submitted,
`Hill Wallack LLP
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`/Jason DeFrancesco/
`Jason DeFrancesco
`21 Roszel Rd.
`Princeton, NJ 08540
`(609) 734-6360
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`Attorneys for Applicant,
`Ispira Srl
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing was served on this day via
`e–mail upon Kaustubh Nadkarni <ip@nadkarnilaw.com> on April 28, 2020.
`
`
`
`
`/Jason DeFrancesco/
`Jason DeFrancesco
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`
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`7
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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
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`M2BPens Florida LLC,
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`v.
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`Ispira Srl,
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`
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`Opposer,
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`
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`Applicant.
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`Opposition No.: 91254264
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`DECLARATION OF JASON DEFRANCESCO
`IN SUPPORT OF APPLICANT’S MOTION TO DISMISS
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`My name is Jason DeFrancesco. I am a lawyer at the law firm of Hill Wallack, LLP in
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`Princeton, New Jersey and I am counsel of record for Applicant, Ispira Srl. The following
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`declaration is submitted to support Applicant’s Motion to Dismiss and includes the following,
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`
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`1.
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`Exhibit A is a true and correct copy of the abstract for Applicant’s Mark,
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`LEONARDO OFFICINA ITALIANA, Serial No. 79247573. The filing basis is Section 66(a),
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`which is an extension of International Registration No. 1439398.
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`
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`2.
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`Exhibit B is a true and correct copy of Opposer’s application for
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`LEONARDO OFFICINA ITALIANA, Serial No. 88718910 filed by Elizabeth Ayoub, 20225
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`NE 34th Ct., Miami Florida. Reported email: “liz@ascpens.com.”
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`
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`3.
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`Ms. Ayoub is wife of Emmanuel Caltagirone. Exhibit C is a true and correct
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`copy of the Miami-Dade County (Florida) Marriage License Bureau record.
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`4.
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`Emmanuel Caltagirone is sole owner of Opposer, M2BPens Florida LLC.
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`Exhibit D is a true and correct copy of Opposer’s Florida Articles of Incorporation.
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`
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`1
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`

`

`
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`5.
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`Exhibit E is a true and correct copy of a February 22, 2019 invoice sent by
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`Applicant to Opposer at “Elizabeth Ayoub 20225 NE 34th Ct., Miami Florida.”
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`The email address for Opposer is “info@ascpens.com.”
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`6.
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`Exhibit F is a true and correct copy of a May 28, 2019 email between
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`Applicant and Opposer, attention Elizabeth Ayoub, “liz@ascpens.com.”
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`7.
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`Exhibit G is a true and correct copy of a 2019 Florida Dept. of State filing for
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`Caltagirone Holdings LLC. Elizabeth Ayoub is registered agent and her husband, Emmanuel
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`Caltagirone is manager. Mr. Caltagirone’s address is same as Ms. Ayoub and Opposer’s
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`application for LEONARDO OFFICINA ITALIANA, Serial No. 88718910 “20225 NE 34th
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`Ct., Miami Florida.”
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`8.
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`Exhibit H is a true and correct copy of Opposer’s letter threatening legal
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`action against Applicant; and, Exhibit I is a true and correct copy of an e-mail chain between
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`counsel regarding the threat (and highlighting lack of TM dispute).
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`9.
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`Exhibit J is a true and correct copy of WIPO abstract for Applicant’s
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`International Registration No. 1439398; and, Exhibit K is a true and correct copy of
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`Applicant’s Italian registration with machine translation.
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`I hereby swear under penalty of perjury of the laws of the United States that the
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`forgoing is true and correct to the best of my understanding and knowledge.
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`Dated: April 28, 2020
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`/Jason DeFrancesco/
`Jason DeFrancesco
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`2
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`

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`EXHIBIT A
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`EXHIBIT A
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`

`

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`to TESS)
`
`Word Mark
`Translations
`Goods and
`Services
`
`Mark Drawing
`Code
`Design Search
`Code
`Serial Number
`Filing Date
`Current Basis
`Original Filing
`Basis
`Published for
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`
`LEONARDO OFFICINA ITALIANA
`The English translation of "Officina Italiana" in the mark is "Italian Workplace".
`IC 016. US 002 005 022 023 029 037 038 050. G & S: Writing cases, being stationery; drawing pads;
`inkwells; pen clips; cabinets for stationery being office requisites; staples for offices; rubber erasers; ink;
`Indian inks; pastels, namely, crayons; nibs; nibs of gold; pens being office requisites; paperweights; balls
`for ball-point pens; steel pens; penholders; pen cases; erasing products; writing or drawing books;
`inkstands; fountain pens; note books
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`26.17.02 - Bands, wavy ; Bars, wavy ; Lines, wavy ; Wavy line(s), band(s) or bar(s)
`26.17.05 - Bands, horizontal ; Bars, horizontal ; Horizontal line(s), band(s) or bar(s) ; Lines, horizontal
`79247573
`June 28, 2018
`66A
`66A
`
`November 26, 2019
`
`1439398
`
`(APPLICANT) Ispira srl società a responsabilità limitata (srl) ITALY Via Piave, 205 Napoli ITALY I-80126
`Jason L DeFrancesco
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "OFFICINA ITALIANA" APART FROM THE
`MARK AS SHOWN
`Color is not claimed as a feature of the mark. The mark consists of the word "LEONARDO" on the first line
`and "OFFICINA ITALIANA" on the second line and below is a design composed of four couples of wavy
`lines forming wings.
`TRADEMARK
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`EXHIBIT B
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`EXHIBIT B
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`

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`Generated on: This page was generated by TSDR on 2020-03-28 20:55:46 EDT
`
`Mark: LEONARDO PENS
`
`US Serial Number: 88718910
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`Filed as TEAS
`Plus:
`
`Yes
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`Register: Principal
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`Mark Type: Trademark
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`TM5 Common Status
`Descriptor:
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`Application Filing
`Date:
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`Dec. 07, 2019
`
`Currently TEAS
`Plus:
`
`Yes
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`LIVE/APPLICATION/Under Examination
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`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and that this application has been assigned to
`an examiner.
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`Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional
`information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on
`the Trademark Document Retrieval link at the top of this page.
`
`Status Date: Mar. 16, 2020
`
` 
`
`Mark Literal
`Elements:
`
`LEONARDO PENS
`
`Mark Information
`
`Standard Character
`Claim:
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`Mark Drawing
`Type:
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`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
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`4 - STANDARD CHARACTER MARK
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`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Fountain pen ink cartridges; Fountain pens
`
`International
`Class(es):
`
`016 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050
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`Basis Information (Case Level)
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`Currently Use: No
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`Currently ITU: Yes
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`Currently 44E: No
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`Currently 66A: No
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`Currently No Basis: No
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`Current Owner(s) Information
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`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Owner Name: AYOUB ELIZABETH
`
`Owner Address: 20225 NE 34 CT APT 1515
`
`

`

`20225 NE 34 CT APT 1515
`MIAMI, FLORIDA UNITED STATES 33180
`
`Legal Entity Type: INDIVIDUAL
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`Citizenship: UNITED STATES
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`Attorney/Correspondence Information
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`Attorney of Record - None
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`Correspondent
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`Correspondent
`Name/Address:
`
`AYOUB ELIZABETH
`20225 NE 34 CT APT 1515
`20225 NE 34 CT APT 1515
`MIAMI, FLORIDA UNITED STATES 33180
`
`Phone: 305-903-5300
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Mar. 16, 2020
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Mar. 16, 2020
`
`NON-FINAL ACTION E-MAILED
`
`Mar. 16, 2020
`
`NON-FINAL ACTION WRITTEN
`
`Mar. 09, 2020
`
`ASSIGNED TO EXAMINER
`
`Dec. 11, 2019
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Dec. 11, 2019
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Attorney: OPUTA, CHIOMA N
`
`Current Location: TMEG LAW OFFICE 103 - EXAMINING
`ATTORNEY ASSIGNED
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 103
`
`File Location
`
`Date in Location: Mar. 16, 2020
`
`Proceeding
`Number
`
`6325
`
`6325
`
`94056
`
`94056
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 88718910
`Filing Date: 12/07/2019
`
`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 Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`INTERNAL ADDRESS
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`EMAIL ADDRESS
`
`YES
`
`LEONARDO PENS
`
`YES
`
`YES
`
`LEONARDO PENS
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`AYOUB ELIZABETH
`
`20225 NE 34 CT APT 1515
`
`20225 NE 34 CT APT 1515
`
`MIAMI
`
`Florida
`
`United States
`
`33180
`
`305-903-5300
`
`miamipens@gmail.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`* COUNTRY OF CITIZENSHIP
`
`INDIVIDUAL
`
`United States
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`* INTERNATIONAL CLASS
`
`016 
`
`

`

`*IDENTIFICATION
`
`*FILING BASIS
`
`Fountain pen ink cartridges; Fountain pens
`
`SECTION 1(b)
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`CORRESPONDENCE INFORMATION
`
` 
`
` 
`
` 
`
` 
`
` 
`
`*NAME
`
`INTERNAL ADDRESS
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. addresses)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`
`PHONE
`
`*EMAIL ADDRESS
`
`AYOUB ELIZABETH
`
`20225 NE 34 CT APT 1515
`
`20225 NE 34 CT APT 1515
`
`MIAMI
`
`Florida
`
`United States
`
`33180
`
`305-903-5300
`
`miamipens@gmail.com; liz@ascpens.com
`
`*AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`*TOTAL FEE PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`TEAS Plus
`
`1
`
`225
`
`225
`
`/elizabethayoub/
`
`elizabeth ayoub
`
`owner
`
`305-903-5300
`
`12/07/2019
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 88718910
`Filing Date: 12/07/2019
`
`To the Commissioner for Trademarks:
`
`MARK: LEONARDO PENS (Standard Characters, see mark)
`The literal element of the mark consists of LEONARDO PENS. The mark consists of standard characters, without claim to any particular font
`style, size, or color.
`The applicant, AYOUB ELIZABETH, a citizen of United States, having an address of
`      20225 NE 34 CT APT 1515
`      20225 NE 34 CT APT 1515
`      MIAMI, Florida 33180
`      United States
`      305-903-5300(phone)
`      miamipens@gmail.com
`
`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 016:  Fountain pen ink cartridges; Fountain pens
`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. (15 U.S.C. Section 1051(b)).
`
`The applicant's current Correspondence Information:
`
`      AYOUB ELIZABETH
`
`      20225 NE 34 CT APT 1515
`      20225 NE 34 CT APT 1515
`
`      MIAMI, Florida 33180
`
`      305-903-5300(phone)
`
`      miamipens@gmail.com; liz@ascpens.com (authorized).
`
`Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's
`attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must
`be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the
`Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an
`additional processing fee of $125 per international class of goods/services.
`
`A fee payment in the amount of $225 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 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
`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 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: /elizabethayoub/   Date: 12/07/2019
`Signatory's Name: elizabeth ayoub
`Signatory's Position: owner
`Signatory's Phone Number: 305-903-5300
`Payment Sale Number: 88718910
`Payment Accounting Date: 12/09/2019
`
`Serial Number: 88718910
`Internet Transmission Date: Sat Dec 07 13:48:16 EST 2019
`TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XX-201912071348167
`50490-88718910-7004689d755ff35599a3fc4ea
`d819fa196acf29a1f0a1e77e33ee9f9670ba2f-C
`C-48143235-20191207133547525972
` 
`
`

`

`LEONARDO PENS
`
`

`

`
`
`
`EXHIBIT C
`
`EXHIBIT C
`
`

`

`3/28/2020
`
`Miami-Dade County Marriage License Bureau
`
`lerk's Home (http://www.miami-dadeclerk.com/home.asp)
`nline Services (http://www.miami-dadeclerk.com/online_services.asp)
`bout Us (http://www.miami-dadeclerk.com/about.asp)
`ontact Us (http://www.miami-dadeclerk.com/contact.asp)
`y Account (/PremierServices/accountmanager.aspx)
`
`Miami-Dade County Online Marriage License Bureau
`
` New Search  Back to Results
`
` Marriage License
`
` License Information
`
`License Number(Year-
`Sequence)
`
`2017-004056
`
`(cid:379) Groom's Information
`
`Status
`
`Issued Date Married By
`
`MARRIED* FEB-21-
`2017
`
`DEPUTY
`CLERK
`
`Marriage
`Date
`
`Marriage
`Location
`
`FEB-24-2017 MIAMI, FL
`
`Name
`
`Birth Place
`
`Reside, City
`
`EMMANUEL GUY NICOLAS
`CALTAGIRONE
`
`FRANCE
`
`MAZARA DEL
`VALLO
`
`County State or Foreign
`Country
`
`ITALY
`
`(cid:378) Bride's Information
`
`Name
`
`Birth Place
`
`Reside, City
`
`County
`
`State or Foreign Country
`
`ELIZABETH AZIZA AYOUB
`
`VENEZUELA
`
`MIAMI
`
`MIAMI DADE
`
`FLORIDA
`
`https://www2.miami-dadeclerk.com/mlsweb/licensesearch.aspx
`
`1/2
`
`

`

`Miami-Dade County Marriage License Bureau
`Order Certified Copy(ies) of this Marriage Certificate? Quantity:
`
` 
`
`3/28/2020
`
`1
`
` 
`
`Add to 
`
`Please Note:
`
`This record does not reflect subsequent termination of marriage by Divorce, Death, or Annulment.
`
`Marriage License Home (http://www2.miami-dadeclerk.com/MLSWeb/Default.aspx) |
`Marriage License Information (http://www.miami-dadeclerk.com/families_marriage.asp) |
`Email (https://miamidadecounty.co1.qualtrics.com/SE/?SID=SV_bDvccbiqJBvQ2LH) |
`Login (/PremierServices/login.aspx?ReturnUrl=https://www2.miami-dadeclerk.com/mlsweb/licensesearch.aspx)
`Clerk's Home (http://www.miami-dadeclerk.com/home.asp) |
`Privacy Statement (https://www8.miamidade.gov/global/disclaimer/privacy-and-security.page) |
`Disclaimer (https://www8.miamidade.gov/global/disclaimer/disclaimer.page) |
`Contact Us (http://www.miami-dadeclerk.com/contact.asp) |
`About Us (http://www.miami-dadeclerk.com/about.asp)
`2015 Clerk of the Courts. All Rights reserved.
`
`(http://www.miamidade.gov)
`
`https://www2.miami-dadeclerk.com/mlsweb/licensesearch.aspx
`
`2/2
`
`

`

`
`
`
`EXHIBIT D
`
`EXHIBIT D
`
`

`

`Electronic Articles of Organization
`.
`.
`.
`01‘
`.
`..
`Florida Limited Liability Company
`
`HEQBgEgfilfil
`Jul 12,'2019
`Sfeg. Of State
`
`Ja ason
`
`The name of the Limited Liability Company is:
`M2BPENS FLORIDA LLC
`
`Article I
`
`The street address of the principal office of the Limited Liability Company is:
`
`Article II
`
`53355 NE 34 CT
`AVENTURA, . 33180
`
`The mailing address of the Limited Liability Company is:
`20355 NE 34 CT
`227
`
`AVENTURA, . 33180
`
`Article III
`
`The name and Florida street address of the registered agent is:
`EMMANUEL CALTAGIRONE
`20355 NE 34 CT
`227
`
`AVENTURA, FL. 33180
`
`Having been named as re istered agent and to accept service of process for the above stated limited
`liability company at the p ace designated in this certificate, I hereby accept the appointment as registered
`agent and agree to act in this ca acity.
`I further agree to comply with the provisions of all statutes
`relating to t e proper and comp ete performance of my duties, and I am familiar with and accept the
`obligations of my position as registered agent.
`
`Registered Agent Signature: EMMANUEL CALTAGIRONE
`
`

`

`Article IV
`The name and address ofperson(s) authorized to manage LLC:
`Title: MGR
`EMMANUEL CALTAGIRONE
`20355 NE 34 CT. # 227
`AVENTURA, FL. 33180
`
`The effective date for this Limited Liability Company shall be:
`07/11/2019
`
`Article V
`
`Signature of member or an authorized representative
`
`Electronic Signature: EMMANUEL CALTAGIRONE
`
`L190001_79575
`5315??! 3813M
`Sec. Of State
`jafason
`
`I am the member or authorized representative submitting these Articles of Or anization and affirm that the
`facts stated herein are true.
`I am aware that false information submitted in a ocument to the Department
`of State constitutes a third degree felony as provided for in 3.817.155, F.S. I understand