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: 88691166

Filing Date: 11/13/2019

To the Commissioner for Trademarks:

MARK: DIFFERENT BY DESIGN (Standard Characters, see mark)
The literal element of the mark consists of DIFFERENT BY DESIGN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Musculoskeletal Transplant Foundation, a non-profit corporation legally organized under the laws of District of Columbia, having an address of
      Suite 300
      125 May Street
      Edison, New Jersey 08837
      United States

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 040:  Human allograft tissue processing services, namely, preparing biological tissue for subsequent implantation in the human body

In International Class 040, 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 05/07/2019, and first used in commerce at least as early as 05/07/2019, 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) Applicant's marketing materials.

Original PDF file:
SPE0-10853114210-20191113133942854237_._57798-1650_Different_By_Design_Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 044:  Human allograft tissue bank donor services; Maintaining files and records concerning the donation of human tissue between and among the hospital, donor and recipient; Medical services in the field of human tissue, cells, bone and organ donations, namely, obtaining donor consent and human donor referrals, conducting donor screening surveys, collecting donor medical data, coordinating donor recoveries with outside entities, and providing statistical donor data to others

In International Class 044, 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 05/07/2019, and first used in commerce at least as early as 05/07/2019, 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) Applicant's marketing materials.

Original PDF file:
SPE0-1-10853114210-20191113133942854237_._57798-1650_Different_By_Design_Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The applicant hereby appoints William W. Stroever. William W. Stroever of Cole Schotz, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      25 Main Street
      Hackensack, New Jersey 07601
      United States
      201-525-6237(phone)
      (201) 678-6237(fax)
      wstroever@coleschotz.com (authorized).
The attorney docket/reference number is 57798-1650.
William W. Stroever 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:

William W. Stroever

Cole Schotz, P.C.

25 Main Street

Hackensack, New Jersey 07601

201-525-6237(phone)

(201) 678-6237(fax)

wstroever@coleschotz.com; jdade@coleschotz.com; mamelio@coleschotz.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 $550 has been submitted with the application, representing payment for 2 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: /Jeffrey Cartmell/   Date: 11/13/2019
Signatory's Name: Jeffrey Cartmell
Signatory's Position: Director
Payment Sale Number: 88691166
Payment Accounting Date: 11/13/2019

Serial Number: 88691166
Internet Transmission Date: Wed Nov 13 15:27:35 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201911131527350
92235-88691166-700c5fec7e7d360465e7bbdeb
66c31f444cf42f9acce29d9a30ebe4134af737f6
f-DA-27334188-20191113133942854237