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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88429799 |
MARK SECTION | |
MARK | http://uspto.report/TM/88429799/mark.png |
LITERAL ELEMENT | PROGURT |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | |
Pharmaceuticals; pharmaceutical preparations; probiotic preparations; probiotic substances; probiotic bacterial preparations; probiotic cultures; bacterial cultures; cultures for medical use; bacteriological cultural media; lactic cultures for food industry; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; vitamins; vitamin formulations; mineral supplements; mineral supplements for foodstuffs; nutritional additives; nutritional supplements; nutritional cultures; bacteriological preparations for medical use; albuminous preparations for medical purposes; food preparations adapted for medical purposes; lacteal flour; milk sugar; lactose; baby milk powder; lacteal flour for babies; malted milk beverages for medical purposes; albuminous milk; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; mineral food supplements | |
FILING BASIS | Section 44(d) |
FOREIGN APPLICATION NUMBER | 1120191 |
FOREIGN APPLICATION COUNTRY | New Zealand |
FOREIGN FILING DATE | 05/09/2019 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | |
Pharmaceuticals; pharmaceutical preparations; probiotic preparations; probiotic substances; probiotic bacterial preparations; probiotic cultures; bacterial cultures; cultures for medical use; bacteriological cultural media; lactic cultures for food industry; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; vitamins; vitamin formulations; mineral supplements; mineral supplements for foodstuffs; nutritional additives; nutritional supplements; nutritional cultures; bacteriological preparations for medical use; albuminous preparations for medical purposes; food preparations adapted for medical purposes; lacteal flour; milk sugar; lactose; baby milk powder; lacteal flour for babies; malted milk beverages for medical purposes; albuminous milk; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; mineral food supplements | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 05/00/2005 |
FIRST USE IN COMMERCE DATE | At least as early as 05/00/2005 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-66171190169-20190529134938538074_._PROGURT_specimen.pdf |
CONVERTED PDF FILE(S) (7 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0003.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0004.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0005.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0006.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0007.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\297\88429799\xml2\PRA0008.JPG | |
SPECIMEN DESCRIPTION | screenshot of applicant's website, where consumers can purchase the applied-for goods |
FILING BASIS | Section 44(d) |
FOREIGN APPLICATION NUMBER | 1120191 |
FOREIGN APPLICATION COUNTRY | New Zealand |
FOREIGN FILING DATE | 05/09/2019 |
INTENT TO PERFECT 44(d) |
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Susan L. Stuart/ |
SIGNATORY'S NAME | Susan L. Stuart |
SIGNATORY'S POSITION | Attorney of record, WA bar member |
SIGNATORY'S PHONE NUMBER | 206-217-2200 |
DATE SIGNED | 05/29/2019 |
RESPONSE SIGNATURE | /Susan L. Stuart/ |
SIGNATORY'S NAME | Susan L. Stuart |
SIGNATORY'S POSITION | Attorney of record, WA bar member |
SIGNATORY'S PHONE NUMBER | 206-217-2200 |
DATE SIGNED | 05/29/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed May 29 14:10:43 EDT 2019 |
TEAS STAMP | USPTO/PRA-XX.XXX.XXX.XXX- 20190529141043710493-8842 9799-6209eeb3c78ed21f849f e9dfc2ed7f66269589aa342e8 99d84249a91e9f43423f-N/A- N/A-20190529134938538074 |
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 1966 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage 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. 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.