TEAS RF New Application

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 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87671325

Filing Date: 11/03/2017

To the Commissioner for Trademarks:

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

The applicant, OPTIMA-Maschinenfabrik Dr. Bühler GmbH & Co. KG, a gmbh & co. kg legally organized under the laws of Germany, having an address of
      Steinbeisweg 20
      74523 Schwäbisch Hall
      Germany

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 035:  Advertising, marketing and sales promotion; organizational inventory management, also computer-assisted; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; trading, also via the Internet, of machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and in particular of used, overhauled and refurbished machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products, all aforementioned machines, equipment and components thereof also used, overhauled and refurbished; all aforementioned services not for use in measuring technology.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 016684151, filed 05/05/2017.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 037:  Construction work, installation work, repair work, reconstruction work, overhauling work, servicing work and maintenance work; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 016684151, filed 05/05/2017.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 041:  Instruction and further training; planning, arranging and conducting of seminars, workshops, symposiums, conferences; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 016684151, filed 05/05/2017.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 042:  IT services, in particular development, programming and implementation of software, development of computer hardware, services in IT consulting, IT enquiry and IT information, services in IT security, IT protection and IT restoration (software); IT services, in particular research and development and implementation of computers and computer systems, computer services, technological services related to computers, computer network services, updating of memory banks of computer systems, monitoring of computer systems by remote access; scientific and technological services; providing technical information; technical consulting; technical monitoring and inspection; monitoring and optimizing of industrial procedures; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 016684151, filed 05/05/2017.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.



The applicant's current Attorney Information:
      Nicole M. Murray and Jasmine R. Davis and Alison V. Podlaski (Illinois bar members); Hillary J. Wucherer and Heather S. Stutz (Wisconsin bar members) of Quarles & Brady LLP      300 North LaSalle St., Ste. 4000
      Chicago, Illinois 60654
      United States
      312-715-5241(phone)
      312.632.1780(fax)
      tm-dept@quarles.com (authorized)
The attorney docket/reference number is 145047.00027.

The applicant's current Correspondence Information:

Nicole M. Murray

Quarles & Brady LLP

300 North LaSalle St., Ste. 4000

Chicago, Illinois 60654

312-715-5241(phone)

312.632.1780(fax)

tm-dept@quarles.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail 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 Reduced Fee 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 $1100 has been submitted with the application, representing payment for 4 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: /Nicole M. Murray/   Date: 11/03/2017
Signatory's Name: Nicole M. Murray
Signatory's Position: Attorney of Record, Illinois Bar Member
Payment Sale Number: 87671325
Payment Accounting Date: 11/06/2017

Serial Number: 87671325
Internet Transmission Date: Fri Nov 03 15:19:31 EDT 2017
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20171103151931120
700-87671325-510b29bc683204d48ab48ca397a
eab1f661babab18bc158a372d90643bc37f601-D
A-1779-20171103141429579495