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: 88500316

Filing Date: 07/03/2019

To the Commissioner for Trademarks:

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

The applicant, Whole Biome Inc., a corporation of Delaware, having an address of
      933 20th Street
      San Francisco, California 94107
      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:  Probiotic compositions for use as ingredients for food and beverages
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.

       International Class 005:  Nutritional supplements; Prebiotic, probiotic and microbiotic supplements
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.

       International Class 044:  Providing a website with information about the health benefits of probiotic, prebiotic and microbiotic treatments, and information regarding disease treatments
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.


The applicant's current Attorney Information:
      Carla B. Oakley and the firm of Morgan, Lewis & Bockius LLP, CARLA B. OAKLEY, ROCHELLE D. ALPERT, SHARON R. SMITH, GENE K. PARK, LINDSEY SHINN, JENNA STOKES and PETER BYRNE, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, REBECCA MCDOUGAL, RACHEL FERTIG, SETH RAPPAPORT, JANE W. WISE and CONNIE BOUTSIKARIS, members of the District of Columbia Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW and DAVID O. JOHANSON, members of the Massachusetts Bar, both located at One Federal Street, Boston, Massachusetts 02110 of Morgan, Lewis & Bockius LLP      One Market, Spear Street Tower
      San Francisco, California 94105
      United States
      415-442-1301(phone)
      carla.oakley@morganlewis.com (authorized)
The attorney docket/reference number is 122785-2040.

The applicant's current Correspondence Information:

Carla B. Oakley

Morgan, Lewis & Bockius LLP

One Market, Spear Street Tower

San Francisco, California 94105

415-442-1301(phone)

carla.oakley@morganlewis.com;jenna.stokes@morganlewis.com;sftrademarks@morganlewis.com;thomas.loran@morganlewis.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: /Carla B. Oakley/   Date: 07/03/2019
Signatory's Name: Carla B. Oakley
Signatory's Position: Attorney of Record, CA Bar Member
Payment Sale Number: 88500316
Payment Accounting Date: 07/05/2019

Serial Number: 88500316
Internet Transmission Date: Wed Jul 03 18:47:36 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190703184736935
713-88500316-620b136fd611a8f2a32fce76642
96273374c3e36e69622949cd7ec2c7181613d8f4
-DA-6667-20190703182157536601