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: 88612207

Filing Date: 09/11/2019

To the Commissioner for Trademarks:

MARK: KABICARE (Standard Characters, see mark)
The literal element of the mark consists of KABICARE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fresenius Kabi AG, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Else-Kroener-Str. 1
      Bad Homburg 61352
      Germany

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:  Training guides, manuals in electronic format.

Priority based on foreign filing: 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 and asserts a claim of priority based on Germany application number __________, filed 03/12/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and will submit a copy of Germany registration number 302019005714, and/or proof of renewal, registered 04/24/2019 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

International Class 016:  Printed matter

Priority based on foreign filing: 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 and asserts a claim of priority based on Germany application number __________, filed 03/12/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and will submit a copy of Germany registration number 302019005714, and/or proof of renewal, registered 04/24/2019 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

International Class 041:  Education and training services; educational support programs for patients, caregivers and health care professionals; instructional services for patients, caregivers and health care professionals

Priority based on foreign filing: 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 and asserts a claim of priority based on Germany application number __________, filed 03/12/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and will submit a copy of Germany registration number 302019005714, and/or proof of renewal, registered 04/24/2019 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

International Class 044:  Medical and health care services for human beings; providing information in the field of health via a website; nutritional advisory and consultation services

Priority based on foreign filing: 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 and asserts a claim of priority based on Germany application number __________, filed 03/12/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and will submit a copy of Germany registration number 302019005714, and/or proof of renewal, registered 04/24/2019 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.



The applicant hereby appoints Scott D. Woldow. Scott D. Woldow of Smith, Gambrell & Russell, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1055 Thomas Jefferson St. NW, Suite 400
      Washington, District of Columbia 20007
      United States
      202-263-4300(phone)
      202-263-4329(fax)
      swoldow@sgrlaw.com (authorized).
The attorney docket/reference number is 034618.042.
Scott D. Woldow 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:

Scott D. Woldow

Smith, Gambrell & Russell, LLP

1055 Thomas Jefferson St. NW, Suite 400

Washington, District of Columbia 20007

202-263-4300(phone)

202-263-4329(fax)

swoldow@sgrlaw.com; docketing@sgrlaw.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 $1100 has been submitted with the application, representing payment for 4 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: /SW/   Date: 09/11/2019
Signatory's Name: Scott D. Woldow
Signatory's Position: Attorney of Record, DC bar member
Payment Sale Number: 88612207
Payment Accounting Date: 09/11/2019

Serial Number: 88612207
Internet Transmission Date: Wed Sep 11 10:21:17 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019091110211743
9260-88612207-610ad3c988f214247fedeed781
78513b17dc7478f1440189c8ef2afcc19b58a179
-CC-21161369-20190911100620173156