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: 88595133

Filing Date: 08/27/2019

To the Commissioner for Trademarks:

MARK: DR. PAT'S (Standard Characters, see mark)
The literal element of the mark consists of DR. PAT'S. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Vive Health LLC, a limited liability company legally organized under the laws of Florida, having an address of
      8955 Fontana Del Sol Way
      Naples, Florida 34109
      United States
      801-533-9800(phone)

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:  topical analgesic

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 08/05/2017, and first used in commerce at least as early as 08/05/2017, 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) Picture of applicant's product bearing the mark.
Specimen File1



The applicant hereby appoints David P. Johnson. Other appointed attorneys are John C. Stringham, Thomas R. Vuksinick, Jonathan W. Richards, John M. Guynn, Dana L. Tangren, Robyn L. Phillips, David R. Todd, David B. Dellenbach, Adrian J. Lee, Fraser D. Roy, Carl T. Reed, Peter F. Malen, Jens C. Jenkins, Michael J. Frodsham, J. LaVar Oldham, Matthew A. Barlow, Chad E. Nydegger, Shane K. Jensen, Matthew D. Todd, Tom M. Bonacci, Dustin Howell, Timothy D. Nichols, Kirk C. Coombs, Justin J. Cassell, W. Brad Barger, James W. McConkie, Roger J. McConkie, Charles A. Meeker, Stirling D. Fillmore, Logan B. Christenson, Gerrit C. Winkel, J. Paul Norton, Brittany Frandsen, Levi S. Brown, Angela L. Silvers, Peter Shiozawa, Lynne Wang, Hannah Follender, Rachel Perry. David P. Johnson of Workman Nydegger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1000
      60 E. South Temple
      SLC, Utah 84111
      United States
      801-533-9800(phone)
      docketing@wnlaw.com (authorized).
The attorney docket/reference number is 22047.48.
David P. Johnson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

David P. Johnson

Workman Nydegger

Suite 1000       60 E. South Temple

SLC, Utah 84111

801-533-9800(phone)

docketing@wnlaw.com; nbarrigar@wnlaw.com; djohnson@wnlaw.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 $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: /Joseph Fleming/   Date: 08/27/2019
Signatory's Name: Joseph Fleming
Signatory's Position: General Manager
Payment Sale Number: 88595133
Payment Accounting Date: 08/27/2019

Serial Number: 88595133
Internet Transmission Date: Tue Aug 27 18:25:57 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201908271825573
29665-88595133-610846d4c424893cb2f3daaed
e05d378220c8edd13e6320eac3d3798819e288c-
CC-25562028-20190827133810833227