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: 88604420

Filing Date: 09/04/2019

To the Commissioner for Trademarks:

MARK: BIOTRACE VERIFIED (stylized and/or with design, see mark)
The literal element of the mark consists of BIOTRACE VERIFIED. The applicant is not claiming color as a feature of the mark. The mark consists of the word "BIOTRACE" stacked above the word "VERIFIED" with a perforated circle above the word "BIOTRACE".
The applicant, Bioriginal Food & Science Corp., a corporation of Canada, having an address of
      102 Melville Street
      Saskatoon
      Saskatchewan S7J0R1
      Canada

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:  Nutritional additives for use in manufacturing animal feed; ingredients used in the manufacture of dietary supplements, food and beverages, namely, whey protein, fish oil and botanicals, namely, grape, stevia, broccoli, vinca, pomegranate, sugar cane, avocado, soy, berries, sprouts, apple, currant, alfalfa, potato, cocoa bean, flax and cabbage; protein for industrial purposes and use as food additives
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:  Dietary and nutritional supplements; ingredients for dietary and nutritional supplements, namely, whey protein, fish oil and botanicals, namely, grape, stevia, broccoli, vinca, pomegranate, sugar cane, avocado, soy, berries, sprouts, apple, currant, alfalfa, potato, cocoa bean, flax and cabbage; protein supplements; nutritional supplements and food ingredients containing omega-3 fatty acids; protein additives for industrial purposes
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 029:  Food additives, namely, natural food extracts derived from fish, fish oil, fish protein, whey protein or botanicals, namely, grape, stevia, broccoli, vinca, pomegranate, sugar cane, avocado, soy, berries, sprouts, apple, currant, alfalfa, potato, cocoa bean, flax and cabbage, not for medicinal purposes and for human consumption; protein and edible oil for culinary purposes and use as food additives.
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 Kristin H. Altoff. Other appointed attorneys are the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS, REBECCA E. MCDOUGALL, RACHEL FERTIG and KIRAN JASSAL, members of the District of Columbia Bar and BRITTANY A. ESTELL, member of the California Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY, SHARON R. SMITH, GENE K. PARK and PETER BYRNE, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and A, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP. Kristin H. Altoff of Morgan, Lewis & Bockius 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: TMSU
      1111 Pennsylvania Avenue, NW
      Washington, District of Columbia 20004
      United States
      202-739-5093(phone)
      202.739.3001(fax)
      trademarks@morganlewis.com (authorized).
The attorney docket/reference number is 000321.0002.
Kristin H. Altoff 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:

Kristin H. Altoff

Morgan, Lewis & Bockius LLP

Attn: TMSU       1111 Pennsylvania Avenue, NW

Washington, District of Columbia 20004

202-739-5093(phone)

202.739.3001(fax)

trademarks@morganlewis.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 $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: /John Held/   Date: 09/04/2019
Signatory's Name: John Held
Signatory's Position: Executive Vice President, General Counsel, Secretary
Payment Sale Number: 88604420
Payment Accounting Date: 09/04/2019

Serial Number: 88604420
Internet Transmission Date: Wed Sep 04 17:24:44 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190904172444232
226-88604420-610f964ea87f64465f1afc04769
169ac29e316de127dc37a71f7771268959dbdbc-
DA-24444421-20190904131619022774