Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85138488

Filing Date: 09/27/2010

To the Commissioner for Trademarks:

MARK: OPTIMAX (Standard Characters, see mark)
The literal element of the mark consists of OPTIMAX.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Mettler-Toledo AG, a corporation of Switzerland, having an address of
      IP Department,
      Im Langacher 44
      Greifensee 8606
      Switzerland
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 009:  laboratory reactors and laboratory vessels for physical, chemical and biotechnical applications as well as parts thereof; computer, data storage, computer software, data processing devices, electronic controls, electronic evaluation device for weighing, measuring, testing and control devices and systems as well as for the industrial process control; computer, data storage, computer software, data processing devices, weighing scales and weighing devices for recording, statistical analysis, output and visualisation of gravimetric, physical, chemical and analytical measurement values and non-physical product criteria for quality and charge control; computer, data storage, computer software, data processing devices, weighing scales and weighing devices for safe-guarding of the undertaking of instructions, the back traceability and the compliance with legal requirements; computer, data storage, computer software, data processing devices for function control and diagnosis of devices, systems as well as parts thereof; computer, data storage, computer software, data processing devices, computer networks for workflow management, for device integration, for information sharing and for documentation of work processes; Interface based on source codes for data communication (for software installation, data exchange, remote diagnosis, assistance) with programmable client/server functions for the connection of sensors, measuring devices, laboratory devices and operating terminals to a network.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Switzerland application number 54352/2010, filed 05/03/2010. 15 U.S.C. Section 1126(d), as amended.
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.

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of Switzerland registration number 604142, registered 08/19/2010 with a renewal date of 05/03/2020 and an expiration date of 05/03/2020, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

Original PDF file:
reg-194682131-023845820_._M782-T_CH_Priobeleg__Auszug__Markenregister_CH.pdf
Converted PDF file(s) (6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Original PDF file:
reg-194682131-023845820_._M782_Transl._Trademark_Reg._Extract.pdf
Converted PDF file(s) (6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current Correspondence Information:

Peter Leuenberger

Mettler-Toledo AG

IP Department       Im Langacher 44

Greifensee 8606, Switzerland

+41 44 944 2227(phone)

+41 44 944 3140(fax)

ipadmin@mt.com (authorized)

The docket/reference number is M782-T US.
A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /P. Leuenberger/   Date Signed: 09/27/2010
Signatory's Name: Peter Leuenberger
Signatory's Position: Duly Authorized Officer

Signature: /J. Burri/   Date Signed: 09/27/2010
Signatory's Name: Jürg Burri
Signatory's Position: Duly Authorized Officer



RAM Sale Number: 7464
RAM Accounting Date: 09/27/2010

Serial Number: 85138488
Internet Transmission Date: Mon Sep 27 03:22:09 EDT 2010
TEAS Stamp: USPTO/BAS-XXX.XX.X.XXX-20100927032209397
537-85138488-47094f6ad71f68ee356b1297c8b
2a55b07d-CC-7464-20100927023845820994