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: 88572004

Filing Date: 08/08/2019

To the Commissioner for Trademarks:

MARK: COPES (stylized and/or with design, see mark)
The literal element of the mark consists of COPES. The applicant is not claiming color as a feature of the mark. The mark consists of the word COPES with three overlapping circles positioned near the top right of the letter S.
The applicant, Société des Produits Nestlé S.A., a société anonyme (sa) legally organized under the laws of Switzerland, having an address of
      Case Postale 353
      Vevey 1800
      Switzerland

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 009:  Downloadable software in the nature of a mobile application for creating, managing, and interacting with an online community; Downloadable software in the nature of a mobile application for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer the internet and communication networks; Downloadable software in the nature of a mobile application for sending and receiving electronic messages, alerts, notifications and reminders; Downloadable software in the nature of a mobile application for creating, managing and accessing groups within virtual communities; Downloadable software in the nature of a mobile application for creating, managing and accessing groups within virtual communities; Downloadable software in the nature of a mobile application for creating, managing and accessing groups within virtual communities; Downloadable software in the nature of a mobile application for viewing and interacting with a feed of images, audio-visual and video content, and associated text and data; Downloadable software in the nature of a mobile application for creating and managing social media profiles and user accounts; Downloadable software in the nature of a mobile application for sending and receiving electronic messages, graphics, images, audio and audio visual content via the internet and communication networks; Downloadable software in the nature of a mobile application featuring multimedia information for cancer patients on the subject of nutrition, lifestyle, symptom management, and wellness; Downloadable software in the nature of a mobile application for wireless content delivery of multimedia educational content including text, data, images, audio, video and audiovisual files; Downloadable software in the nature of a mobile application featuring multimedia information for cancer patients in the areas of symptom-oriented management of nutrition, lifestyle and physical fitness.
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 035:  Commercial information and advice for consumers in the choice of products and services addressing the needs of cancer patients and cancer treatment; An e-store with oncology-related products and services recommended by healthcare providers and cancer patient advocates; Online retail store services featuring goods and services addressed to cancer patients and treatment; Retail services featuring products and services for cancer patients and cancer treatment.
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 038:  Providing access to databases in the field of cancer symptom treatment and management; Providing links to oncology-related social networking services.
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 041:  Counselling services in the field of physical fitness for cancer patients
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 via a global computer or an app network featuring information in the fields of health, cancer, cancer recovery and survival; Providing a website via a global computer network or an app featuring supportive personal stories on the subjects of health, cancer, cancer recovery and survival; Providing information in the field of cancer prevention, screening, diagnosis and treatment; Providing links to the web sites of others featuring information about the diagnosis and treatment of cancer; Providing health information in the field of cancer symptom-related prevention and treatment; Providing information to patients in the field of managing symptoms relating to cancer and cancer symptoms treatment; Providing a website featuring information in the field of the diagnosis and treatment of cancer symptoms; Providing information to patients in the field of managing symptoms relating to cancer and cancer treatment; Weight management services and nutritional counseling; Providing lifestyle and nutrition services, namely, personalized routines, counseling, and support, along with symptom-based recipes and meal plans; Providing nutrition counseling to oncology patients via oncology certified nutritional specialists; Providing a website for medical professionals, patients, and health care related parties featuring patient information that can be accessed for purposes of monitoring patients' nutrition and general wellness status; Providing an internet-based database for collecting and maintaining certain types of cancer patient information and data; Providing counseling services in nutrition, lifestyle and wellness, and physical fitness.
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 045:  Providing personal support services for patients and families of patients with cancer, namely, emotional counseling and emotional support; Providing patient advocate services in the field of cancer and cancer treatment symptom management; Providing patient support groups for oncology patients and their families-both individual and/or group sessions; Providing personal support services for families of patients with cancer, namely, companionship, emotional counseling and emotional support; Providing extensive database of recipes and meal plans personalized to target specific cancer-related symptoms; Providing online social networking services for cancer patients and related persons.
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 hereby appoints Catherine C. Miller. Other appointed attorneys are Andrea L. Anderson; Scott S. Havlick; Ester Martín; Andrew A. Roppel; Larry H. Tronco; Kazuyo Morita; Matt Horlacher; Betsy P. Bengtson; Hope I. Hamilton; Madelon L. Lapidus; Amanda N. Marston; Jeff D. Larson; Amy J. Tindell;. Catherine C. Miller of Holland & Hart LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Attn: Trademark docketing
      P.O. Box 8749
      Denver, Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com (authorized).
The attorney docket/reference number is 82145.2617.
Catherine C. Miller submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant hereby appoints Catherine C. Miller of Holland & Hart LLP
      P.O. Box 8749
      Attn: Trademark docketing
      Denver Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Catherine C. Miller

Holland & Hart LLP

Attn: Trademark docketing       P.O. Box 8749

Denver, Colorado 80201-8749

303-245-2092(phone)

docket@hollandhart.com; cmiller@hollandhart.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $1650 has been submitted with the application, representing payment for 6 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: /Catherine C. Miller/   Date: 08/08/2019
Signatory's Name: Catherine C. Miller
Signatory's Position: Attorney for Applicant, Colorado bar member
Payment Sale Number: 88572004
Payment Accounting Date: 08/08/2019

Serial Number: 88572004
Internet Transmission Date: Thu Aug 08 17:23:00 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019080817230081
8279-88572004-610ab973030bcc601e882c409e
3a9061fa68be8ba6e1e5aad4e267e9260bef83a-
DA-23005976-20190808141146114613