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: 88352892

Filing Date: 03/22/2019

To the Commissioner for Trademarks:

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

The applicant, Ascus Biosciences, Inc., a corporation of Delaware, having an address of
      6450 Lusk Blvd E109/209
      San Diego, California 92121
      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 005:  Nutritional supplements for poultry; poultry feed additives for use as a nutritional supplement; nutritional additives for feed or water for poultry for use as a nutritional supplement; microbial products for poultry, namely, cultures of micro-organisms to aid digestion, for use as a nutritional supplement
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.


Translation
The English translation of AVIUS in the mark is aimless.

The applicant's current Attorney Information:
      Bobby A. Ghajar and Salsabil Ahmed, Vincent J. Badolato, Susan Piascik Christoff, John W. Crittenden, Janet L. Cullum, Brian Focarino, Colette A. Ghazarian, Rebecca Givner-Forbes, Shannan Higgins, Ariana Gallisa Hiscott, Brendan J. Hughes, Mary Klumpp, Judd D. Lauter, Lori A. Levine, Rose Mendenhall Kautz, John Paul Oleksiuk, Anne H. Peck, Marcus D. Peterson, Elisa Rosen, Shane Rumbaugh, Peter J. Willsey and Karen K. Won of Cooley LLP      1299 Pennsylvania Avenue, NW, Suite 700
      Washington, District of Columbia 20004-2400
      United States
      310-883-6400(phone)
      (202) 842-7899(fax)
      trademarks@cooley.com (authorized)
The attorney docket/reference number is 331217-20000.

The applicant's current Correspondence Information:

Bobby A. Ghajar

Cooley LLP

1299 Pennsylvania Avenue, NW, Suite 700

Washington, District of Columbia 20004-2400

310-883-6400(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 $275 has been submitted with the application, representing payment for 1 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: /Howard Green/   Date: 03/22/2019
Signatory's Name: Howard Green
Signatory's Position: Director of Regulatory Affairs
Payment Sale Number: 88352892
Payment Accounting Date: 03/25/2019

Serial Number: 88352892
Internet Transmission Date: Fri Mar 22 18:03:51 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019032218035151
3958-88352892-62019e9bde026dadf610a3d29e
e05720b745686780f55c74277ddb2718baf07a-D
A-8638-20190322134336351689