TEAS Plus 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

TEAS Plus Application

Serial Number: 87702837

Filing Date: 11/30/2017

To the Commissioner for Trademarks:

MARK: ADVOCATE (stylized and/or with design, see mark)

The mark in your application is ADVOCATE.
The color(s) burgundy is/are claimed as a feature of the mark. The mark consists of the stylized wording "ADVOCATE" and the color burgundy. The stylized wording "ADVOCATE" consists of the word "ADVOCATE" with a design of a cone in the opening of the letter "V" and an extension of the horizontal line to the left side of the two occurrences of the letter "A". Color is not claimed as a feature of the mark with respect to the stylized wording for "ADVOCATE." The color burgundy is claimed as a feature of the mark and appears extensively across the ADVOCATE-brand products and packaging. The rest of the elements in the drawing, namely, the LCD screen in the colors gray and black, the central portion of the drawing in the color silver, the actual position of the stylized word "ADVOCATE," the location of the teardrop shaped switch, and the ridges and speaker openings are all outlined in black dotted lines. These elements are shown solely to indicate the position or placement of the mark and are not claimed as features of the mark. The mark consists of a three-dimensional configuration comprising the color burgundy and the stylized word ADVOCATE that is part of the product design or packaging, or both, or of a specific design feature of the product design or packaging, or both.
The applicant, Diabetic Supply of Suncoast, Inc., a corporation of Puerto Rico, having an address of
      PO Box 2102
      Vega Alta 00692
      Puerto Rico

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 005:  Antiseptic wipes; Test strips for measuring blood glucose levels

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/01/2006, and first used in commerce at least as early as 10/01/2006, 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/services, consisting of a(n) A copy from the Applicant's website online store showing a package of the antiseptic wipes showing use of the mark (trade dress) on the product packaging.; A copy from the Applicant's website online store showing a package of the test strips showing use of the mark (trade dress) on the product packaging..

Original PDF file:
SPE0-1365652225-20171130104205952499_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_05.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1365652225-20171130104205952499_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_05__Test_Strips_.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 010:  Blood glucose meter; Blood pressure and diabetic diagnostic medical devices; Blood pressure measuring apparatus; Blood pressure monitors; Lancets; Needles for injections; Needles for medical use; Syringes for medical purposes; Syringes for medical purposes and for injections; Thermometers for medical purposes; Carrying case specifically adapted for carrying diabetic supplies, namely, blood glucose meter, testing strips and also including insulin and other related apparatus; Devices for monitoring blood glucose for medical purposes; Disposable syringes; Injection needles for medical use; Medical lancing devices; Medical test kits for diabetes monitoring for home use

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/01/2006, and first used in commerce at least as early as 10/01/2006, 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/services, consisting of a(n) A copy from the Applicant's website online store showing a blood glucose meter showing use of the mark (trade dress) in connection with the product.; A copy from the Applicant's website online store showing a package of the needles showing use of the mark (trade dress) on the product packaging.; A copy from the Applicant's website online store showing a thermometer showing use of the mark (trade dress) in connection with the product.; A copy from the Applicant's website online store showing a carrying case/organizer showing use of the mark (trade dress) in connection with the product..

Original PDF file:
SPE0-1365652225-20171130104205952499_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_10.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1365652225-20171130104205952499_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_10__Needles_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1365652225-20171130104205952499_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_10__Thermometer_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1365652225-20171130104205952499_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_10__Organizer_.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 021:  Pre-moistened towelettes for cleaning

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/00/2016, and first used in commerce at least as early as 06/00/2016, 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/services, consisting of a(n) A copy from the Applicant's website online store showing a package of the pre-moistened towlettes showing use of the mark (trade dress) on the product packaging..

Original PDF file:
SPE0-1365652225-20171129160725811073_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_21.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 022:  Body bags

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 022, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2016, and first used in commerce at least as early as 03/01/2016, 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/services, consisting of a(n) A copy from the Applicant's website online store showing a the body bag packaging showing use of the mark (trade dress) on the product packaging..

Original PDF file:
SPE0-1365652225-20171129160725811073_._Burgundy_and_ADVOCATE_-_Specimen_-_Class_22.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4133544, 4812955, 4017615, and others.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 10/01/2006, and in commerce at least as early as 10/01/2006.

Miscellaneous Statement
The claim of use of the mark in another form applies to the goods in International Class 10.


The applicant's current Attorney Information:
      John P McNeill of Law Office of John P McNeill, PC      200 Oxcroft Street
      Cary, North Carolina 27519
      United States
      919-522-0068(phone)
      208-978-9766(fax)
      john@jpmpc-law.com (authorized)
The attorney docket/reference number is PSUP-0025TM.

The applicant's current Correspondence Information:

John P McNeill

Law Office of John P McNeill, PC

200 Oxcroft Street

Cary, North Carolina 27519

919-522-0068(phone)

208-978-9766(fax)

john@jpmpc-law.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 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 $900 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: //John P McNeill//   Date: 11/30/2017
Signatory's Name: John P McNeill
Signatory's Position: Attorney of Record/Member NC&VA Bars
Signatory's Phone Number: 919-522-0068
Payment Sale Number: 87702837
Payment Accounting Date: 11/30/2017

Serial Number: 87702837
Internet Transmission Date: Thu Nov 30 11:28:37 EST 2017
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XXX-2017113011283742
2682-87702837-510f96b33b89a6b373cd4365a9
0b1ebd366fb952e9cbefb3b751add7f3fad715d-
CC-12848-20171130104205952499