Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: SPHERE(Standard Characters, see http://uspto.report/TM/86960168/mark.png)
SERIAL NUMBER: 86960168



The applicant, Société des Produits Nestlé S.A., having an address of
      Case Postale 353
      1800 Vevey,
      Switzerland
is submitting the following allegation of use information:

For International Class 005:
Current identification: Dietetic foods and substances, namely, liquid nutritive preparations for oral or tube feeding for medical purposes, nutritional supplements, nutritionally fortified beverages for medical purposes, nutritional drinks and drink mixes for use as a meal replacement adapted for medical and clinical use; nutritional and dietary supplements adapted for medical use, namely, nutritional supplements in powder, liquid, and pill form for general health and well-being; vitamin preparations; mineral food supplements; protein dietary supplement

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: liquid drinks and liquid, and pill

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Dietetic foods and substances, namely, nutritive preparations for oral or tube feeding for medical purposes, nutritional supplements, nutritionally fortified beverages for medical purposes, nutritional drink mixes for use as a meal replacement adapted for medical and clinical use; nutritional and dietary supplements adapted for medical use, namely, nutritional supplements in powder form for general health and well-being; vitamin preparations; mineral food supplements; protein dietary supplement.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/24/2017, and first used in commerce at least as early as 04/24/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) snapshots of the product packaging showing the mark.

JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPN0-6323611269-20180502083734449993_._SPHERESPEC3.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Catherine C. Miller/      Date Signed: 05/03/2018
Signatory's Name: Catherine C. Miller
Signatory's Position: Associate Attorney, Holland & Hart, Colorado bar member
Signatory's Phone: 303.245.2092

RAM Sale Number: 86960168
RAM Accounting Date: 05/04/2018

Serial Number: 86960168
Internet Transmission Date: Thu May 03 15:28:42 EDT 2018
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2018050315284270
7711-86960168-510d6f41c491cb573cf9daf6b1
fd0d3b64654e3fbcc226911aa59ebe93f13e5c97
7-DA-2010-20180503152707862907