Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85939258

Filing Date: 05/22/2013

To the Commissioner for Trademarks:

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

The applicant, BioFire Diagnostics, Inc., a corporation of Delaware, having an address of
      390 Wakara Way
      Salt Lake City, Utah 84108
      United States


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 001:  Reagents and assays for scientific research or laboratory use; and reagents and assays for the extraction, amplification, and purification of nucleic acids

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/28/2009, and first used in commerce at least as early as 09/28/2009, 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 and/or services, consisting of a(n) webpages showing mark in use in commerce.
Specimen File1
Specimen File2

       International Class 005:  Medical diagnostic reagents, assays, and kits for disease, namely pathogen and infection, testing; medical diagnostic reagents, assays, and kits for testing body fluids for microorganisms; and medical diagnostic reagents for the extraction, amplification, and purification of nucleic acids

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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 and/or services, consisting of a(n) webpages showing mark in use in commerce.
Specimen File1
Specimen File2

       International Class 009:  Reagents, assays, and kits for use in environmental bio-threat detection and pandemic bio-surveillance; and laboratory equipment, namely units and kits for the detection of pathogen targets, namely viruses, bacteria, fungi, protozoa, and antibiotic resistance genes

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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 and/or services, consisting of a(n) webpages showing mark in use in commerce.
Specimen File1
Specimen File2

       International Class 010:  Diagnostic apparatus and kits for the detection of pathogen targets, namely viruses, bacteria, fungi, protozoa, and antibiotic resistance genes

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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 and/or services, consisting of a(n) webpage and information sheet showing mark in use in commerce.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-19817924312-142614088_._InfoSheet__BioFire_Class_10_specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant claims ownership of U.S. Registration Number(s) 3761522.

The applicant's current Attorney Information:
      Jana E. Harris and SCHNURR, Richard, NIMMO, Anthony, GILCREST, Roger A., COLE, Troy J., BANTA, Holiday W., WALSH, Thomas A., DuBOIS, Dustin S., LUM, Brian, PINYERD, James T., POWERS, Christopher R., MERKER, Nicholas R., PAYNE, Jonathan E., KNUTSSON, Maurine L., LEINAUER, Michael J.A. and DIENES, Jennifer of Ice Miller LLP
      One American Square, Suite 2900
      Indianapolis, Indiana 46282-0200
      United States
The attorney docket/reference number is T03514-US-01 (21932.0001).

The applicant's current Correspondence Information:

Jana E. Harris

Ice Miller LLP

One American Square, Suite 2900

Indianapolis, Indiana 46282-0200

317-236-5972(phone)

317-592-5453(fax)

ipdocket@icemiller.com;jana.barris@icemiller.com; ann.braun@icemiller.com (authorized)

A fee payment in the amount of $1300 has been submitted with the application, representing payment for 4 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.

Declaration Signature

Signature: /Jill T. Powlick/   Date: 05/22/2013
Signatory's Name: Jill Powlick
Signatory's Position: Associate General Counsel, IP
RAM Sale Number: 85939258
RAM Accounting Date: 05/22/2013

Serial Number: 85939258
Internet Transmission Date: Wed May 22 11:59:28 EDT 2013
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201305221159287
94973-85939258-5008bce644afe5bcc338dddaf
c1a7bfb5c9a2e9324aa2729e8a7fd8cb7c3c8fc2
2-CC-9777-20130517142614088028