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)

---

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: 88480050

Filing Date: 06/19/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of BENGAY.
The applicant is not claiming color as a feature of the mark. The mark consists of a package in the shape of a rectangle, with the stylized wording "BENGAY" at the top of the rectangle, and a graduated bullseye pattern (shown in shading) in the middle of rectangle, all on a background. The dotted lines shown in the drawing are used to show the position of the mark on the packaging for the goods and are not part of the mark.
The applicant, Johnson & Johnson, a corporation of New Jersey, having an address of
      One Johnson & Johnson Plaza
      New Brunswick, New Jersey 08933-7001
      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:  Analgesic preparations

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/20/2018, and first used in commerce at least as early as 08/20/2018, 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) photograph of applicant's goods bearing the mark.
Specimen File1



The applicant's current Attorney Information:
      Matthew A. Pater of Johnson & Johnson      One Johnson & Johnson Plaza
      New Brunswick, New Jersey 08933-7001
      United States
      tmus@its.jnj.com (authorized)
The attorney docket/reference number is T45073US1.

The applicant's current Correspondence Information:

Matthew A. Pater

Johnson & Johnson

One Johnson & Johnson Plaza

New Brunswick, New Jersey 08933-7001

tmus@its.jnj.com;mpater1@its.jnj.com; ipdocketchicago@dbr.com; melissa.dillenbeck@dbr.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: /mapjnj/   Date: 06/19/2019
Signatory's Name: Matthew A. Pater
Signatory's Position: Senior Trademark Counsel
Payment Sale Number: 88480050
Payment Accounting Date: 06/20/2019

Serial Number: 88480050
Internet Transmission Date: Wed Jun 19 14:54:15 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190619145415425
624-88480050-620e237ddfb5ce5b72cfea85696
67d3846cef8a8c359a69e4d9c186fde4f45e1072
-CC-869-20190619100604638860