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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88071814

Filing Date: 08/09/2018

To the Commissioner for Trademarks:

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

The applicant, Inova Diagnostics, Inc., a corporation of California, having an address of
      9900 Old Grove Rd
      San Diego, California 92131
      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:  Chemical products for scientific purposes; reagents
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 Tonga application number TOM1803534, filed 02/28/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 005:  Pharmaceutical and veterinary products Clinical diagnostic assays for medical purposes
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 Tonga application number TOM1803534, filed 02/28/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 010:  Apparatus and instruments for laboratory analysis and medical diagnosis
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 Tonga application number TOM1803534, filed 02/28/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Brian Focarino and John W. Crittenden, Janet L. Cullum, John Paul Oleksiuk, Brendan J. Hughes, Anne H. Peck, Peter J. Willsey, Vincent J. Badolato, Susan Piascik Christoff, Rebecca Givner-Forbes, Timothy D. Hance, Shannan Higgins, Ariana Gallisá Hiscott, Chantal Hwang, Judd Lauter, Lori Levine, Kathlyn Querubin, Shane Rumbaugh, Rose Mendenhall Kautz, Cynthia Smuzynska and Karen K. Won of Cooley LLP      1299 Pennsylvania Avenue, NW, Suite 700
      Washington, District of Columbia 20004-2400
      United States
      617-937-2347(phone)
      202-842-7899(fax)
      trademarks@cooley.com (authorized)

The applicant's current Correspondence Information:

Brian Focarino

Cooley LLP

1299 Pennsylvania Avenue, NW, Suite 700

Washington, District of Columbia 20004-2400

617-937-2347(phone)

202-842-7899(fax)

trademarks@cooley.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 $825 has been submitted with the application, representing payment for 3 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: /Patricia Swartwood/   Date: 08/08/2018
Signatory's Name: Patricia Swartwood
Signatory's Position: Vice President, Marketing
Payment Sale Number: 88071814
Payment Accounting Date: 08/09/2018

Serial Number: 88071814
Internet Transmission Date: Thu Aug 09 12:31:23 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201808091231236
41439-88071814-6107a53586c16acfa5973431a
48c0aa1438d6f6931055b465630ca18d8f3dddf-
DA-13210-20180808152243497747