TEAS Plus 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

TEAS Plus Application

Serial Number: 88791982

Filing Date: 02/10/2020

To the Commissioner for Trademarks:

MARK: Lactipro (stylized and/or with design, see mark)
The literal element of the mark consists of Lactipro. The color(s) green, teal and blue is/are claimed as a feature of the mark. The mark consists of The mark consists of the stylized wording "Lactipro" in blue with three elongated ovals to the right in a grouping resembling stairs going up to the right. The leftmost/bottom oval is blue, the middle oval is teal, and the rightmost/top oval is green. The color white appearing in the drawing represents background or transparent regions and is not claimed as a feature of the mark.
The applicant, MS Biotech, Inc., a corporation of Colorado, having an address of
      6025 S. Quebec Street, Suite 250
      Centennial, Colorado 80111
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Veterinary preparations for bovine acidosis
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. (15 U.S.C. Section 1051(b)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4962811, 3972030, 4868393, and others.

Translation
The wording Lactipro has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
Lactipro appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.

Miscellaneous Statement
The applicant also claims ownership of active prior U.S. Registration Number 5823415


The applicant hereby appoints William J Robers. Other appointed attorneys are Reuben Sparks, Robert Willson, Kent Borges, Christopher Brandt, Scott Johnson, David Steigerwald, Matthew Niznik, Paul Hurcomb, Steven Ogle, Jessica Kyle Danehy, Audree McNichols, Eric Hall, Michael Desmond. William J Robers of Sparks Willson, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      24 South Weber Street, Suite 400
      Colorado Springs, Colorado 80903
      United States
      719-634-5700(phone)
      719-633-8477(fax)
      wjr@sparkswillson.com (authorized).
The attorney docket/reference number is 6059.005.
William J Robers 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 J Robers

Sparks Willson, P.C.

24 South Weber Street, Suite 400

Colorado Springs, Colorado 80903

719-634-5700(phone)

719-633-8477(fax)

wjr@sparkswillson.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /Leander van der Walt/   Date: 02/10/2020
Signatory's Name: Leander van der Walt
Signatory's Position: CEO
Payment Sale Number: 88791982
Payment Accounting Date: 02/10/2020

Serial Number: 88791982
Internet Transmission Date: Mon Feb 10 20:06:45 EST 2020
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XXX-202002102006454
72872-88791982-70043b3f17195dead5cba6571
98ea558eade8beb50a3e868e0459ddda6baf161f
-CC-06443764-20200210195857153316