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 1822 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88585491 |
LAW OFFICE ASSIGNED | LAW OFFICE 117 |
MARK SECTION | |
MARK | http://uspto.report/TM/88585491/mark.png |
LITERAL ELEMENT | BIOWARE |
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. |
FOREIGN APPLICATION(S) | |
The applicant herein elects NOT to proceed to registration under Section 44(e) for any foreign application(s) claimed as a basis for priority. | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 008 |
DESCRIPTION | Table cutlery, including disposable cutlery |
FILING BASIS | Section 44(d) |
FOREIGN APPLICATION NUMBER | 36540538 |
FOREIGN APPLICATION COUNTRY | China |
FOREIGN FILING DATE | 02/27/2019 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 008 |
DESCRIPTION | Table cutlery, including disposable cutlery |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 12/31/2008 |
FIRST USE IN COMMERCE DATE | At least as early as 12/31/2008 |
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] . 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 or her own knowledge are true and all statements made on information and belief are believed to be true. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\885\854\88585491\xml1\ RSI0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\885\854\88585491\xml1\ RSI0003.JPG | |
SPECIMEN DESCRIPTION | A photograph of a fork and spoon with the mark displayed and a photograph of the product packaging displaying the mark. |
FILING BASIS | Section 44(d) |
FOREIGN APPLICATION NUMBER | 36540538 |
FOREIGN APPLICATION COUNTRY | China |
FOREIGN FILING DATE | 02/27/2019 |
INTENT TO PERFECT 44(d) |
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FOREIGN REGISTRATION COUNTRY |
China |
ATTORNEY SECTION (current) | |
NAME | William B. Kircher |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | HUSCH BLACKWELL LLP |
STREET | 4801 MAIN STREET, SUITE 1000 |
CITY | KANSAS CITY |
STATE | Missouri |
COUNTRY | US |
PHONE | 816-983-8000 |
FAX | 816-983-8080 |
pto-kc@huschblackwell.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 16695.11119 |
OTHER APPOINTED ATTORNEY | William B. Kircher |
ATTORNEY SECTION (proposed) | |
NAME | William B. Kircher |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Husch Blackwell LLP |
STREET | 4801 Main Street, Suite 1000 |
CITY | Kansas City |
STATE | Missouri |
POSTAL CODE | 64112 |
COUNTRY | United States |
PHONE | 816-983-8000 |
FAX | 816-983-8080 |
pto-kc@huschblackwell.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 16695.11119 |
OTHER APPOINTED ATTORNEY | Wade Kerrigan, Nathan Oleen, Kristine L. Kappel, Robert J. Bowman, Max Ellenbecker, Robert Liam Reilly, Adam S. Wright |
CORRESPONDENCE SECTION (current) | |
NAME | WILLIAM B. KIRCHER |
FIRM NAME | HUSCH BLACKWELL LLP |
STREET | 4801 MAIN STREET, SUITE 1000 |
CITY | KANSAS CITY |
STATE | Missouri |
COUNTRY | US |
PHONE | 816-983-8000 |
FAX | 816-983-8080 |
pto-kc@huschblackwell.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 16695.11119 |
OTHER APPOINTED ATTORNEY | William B. Kircher |
CORRESPONDENCE SECTION (proposed) | |
NAME | William B. Kircher |
FIRM NAME | Husch Blackwell LLP |
STREET | 4801 Main Street, Suite 1000 |
CITY | Kansas City |
STATE | Missouri |
POSTAL CODE | 64112 |
COUNTRY | United States |
PHONE | 816-983-8000 |
FAX | 816-983-8080 |
pto-kc@huschblackwell.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 16695.11119 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Rochelle Stringer/ |
SIGNATORY'S NAME | Rochelle Stringer |
SIGNATORY'S POSITION | Secretary and General Counsel |
SIGNATORY'S PHONE NUMBER | 913-583-8635 |
DATE SIGNED | 02/07/2020 |
RESPONSE SIGNATURE | /Nathan E. Oleen/ |
SIGNATORY'S NAME | Nathan E. Oleen |
SIGNATORY'S POSITION | Attorney of record, Missouri Bar member |
SIGNATORY'S PHONE NUMBER | 816-983-8000 |
DATE SIGNED | 02/07/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Feb 07 17:23:31 EST 2020 |
TEAS STAMP | USPTO/RSI-XX.XX.XXX.XX-20 200207172331428363-885854 91-70097f25c48a9e226e1696 5a4e69dd9c99bae3de255ec0c a79d3b625c4453a3f8-N/A-N/ A-20200206163506441683 |
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 1822 (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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the
applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the
applicant; 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 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.
Signature: /Rochelle Stringer/ Date: 02/07/2020
Signatory's Name: Rochelle Stringer
Signatory's Position: Secretary and General Counsel
Signatory's Phone Number: 913-583-8635
Response Suspension Inquiry Signature
Signature: /Nathan E. Oleen/ Date: 02/07/2020
Signatory's Name: Nathan E. Oleen
Signatory's Position: Attorney of record, Missouri Bar member
Signatory's Phone Number: 816-983-8000
Mailing Address: WILLIAM B. KIRCHER
HUSCH BLACKWELL LLP
4801 MAIN STREET, SUITE 1000
KANSAS CITY, Missouri
Mailing Address: William B. Kircher
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, Missouri 64112
Serial Number: 88585491
Internet Transmission Date: Fri Feb 07 17:23:31 EST 2020
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XX-20200207172331428
363-88585491-70097f25c48a9e226e16965a4e6
9dd9c99bae3de255ec0ca79d3b625c4453a3f8-N
/A-N/A-20200206163506441683