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: DIGIVAL(Standard Characters, see http://uspto.report/TM/88070857/mark.png)
SERIAL NUMBER: 88070857


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Alere Scarborough, Inc., having an address of
      10 Southgate Road
      Scarborough, Maine 04074
      United States
      Phone: 224-667-5121
      Fax: 224-667-7052
      Email: XXXX
Proposed: Alere Scarborough, Inc., having an address of
      10 Southgate Road
      Scarborough, Maine 04074
      United States
      Phone: 224-667-5121
      224-667-7052
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Laboratory instruments for the detection of diseases, namely, camera-based instruments for reading and interpreting lateral flow assays; downloadable medical and laboratory software for managing diagnostic test reader data for the detection of diseases; downloadable medical and laboratory software for managing data in medical diagnostic test readers in the field of medical diagnostic testing

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/31/2018, and first used in commerce at least as early as 08/31/2018, 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) user manual showing a software screenshot with the mark.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Michele H. Bowman. Michele H. Bowman of Abbott Laboratories, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      100 Abbott Park Road
      Abbott Park, Illinois 60064
      United States
The docket/reference number is GRN 6153854.

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is trademarks@abbott.com

The owner's/holder's proposed attorney information: Michele H. Bowman. Other appointed attorneys are Paul D. Yasger, Anamaria E. Cashman, Elisa M. Valenzona. Michele H. Bowman of Abbott Laboratories, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      100 Abbott Park Road
      Abbott Park, Illinois 60064
      United States
The docket/reference number is GRN 6153854.

The phone number is 224-667-5121.

The fax number is 224-667-7052.

The email address is michele.bowman@abbott.com

Michele H. Bowman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Michele H. Bowman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@abbott.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GRN 6153854.
Correspondence Information (proposed):
      Michele H. Bowman
      PRIMARY EMAIL FOR CORRESPONDENCE: michele.bowman@abbott.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@abbott.com

The docket/reference number is GRN 6153854.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Michele H. Bowman/      Date Signed: 09/03/2020
Signatory's Name: Michele H. Bowman
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone: 224-667-5121

Mailing Address:
   Abbott Laboratories
   
   100 Abbott Park Road
   Abbott Park, Illinois 60064

RAM Sale Number: 88070857
RAM Accounting Date: 09/03/2020

Serial Number: 88070857
Internet Transmission Date: Thu Sep 03 17:11:30 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2020090317113005
3753-88070857-7504889c2c3f2db3e3ebf1d8d9
38877776d886fad619ec5f345a3e72bdce94a7-D
A-11299775-20200903170341734044