Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: XPRESCHECK(Standard Characters, see http://uspto.report/TM/88892034/mark.png)
SERIAL NUMBER: 88892034
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: XpresTest, Inc., having an address of
      11th Floor
      254 West 31st Ave.
      New York, New York 10001
      United States
      Email: XXXX
Proposed: XpresTest, Inc., having an address of
      11th Floor
      254 West 31st Ave.
      New York, New York 10001
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 035:
Current identification: Retail, wholesale, and online store services featuring durable medical equipment, personal protective equipment, sanitation supplies, pharmacy and drug store supplies, travel products, and personal care products; Arranging of managed care contractual services in the fields of diagnostic lab services, durable medical equipment, personal protective equipment, and pharmacy supplies; Business administration of consumer loyalty programs; Providing incentive award programs for customers through issuance and processing of loyalty program for purchases of goods and services

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 044:
Current identification: Medical testing for diagnostic or treatment purposes; Airport based diagnostic medical testing labs; Medical testing for viruses, diseases, diabetes, and pregnancy; Consulting services in the fields of diagnostic medical testing and laboratory testing; Telemedicine services; Telemedicine services for medical diagnostic and treatment purposes; Healthcare services, namely, medical diagnosis and treatment of common illnesses, provided via synchronous communication through the world wide web, mobile applications, high definition video and audio; Providing information concerning infectious diseases, diagnosis and treatment for viruses and infectious diseases, and the use of medical diagnostics; Health assessment services, namely, providing testing diagnostic information based on collected data and information for treatment and diagnostic purposes; Health care services, namely, providing a database in the field of infectious disease information and featuring inputting and collection of data and information for treatment and diagnostic purposes; Urgent medical care centers; Drop-in medical clinics featuring non-emergency medical diagnostic services

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Medical testing for diabetes and pregnancy; Telemedicine services; Telemedicine services for medical diagnostic and treatment purposes; Healthcare services, namely, medical diagnosis and treatment of common illnesses, provided via synchronous communication through the world wide web, mobile applications, high definition video and audio; Urgent medical care centers; Drop-in medical clinics featuring non-emergency medical diagnostic services

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Medical testing for diagnostic or treatment purposes; Airport based diagnostic medical testing labs; Medical testing for viruses and diseases; Consulting services in the fields of diagnostic medical testing and laboratory testing; Providing information concerning infectious diseases, diagnosis and treatment for viruses and infectious diseases, and the use of medical diagnostics; Health assessment services, namely, providing testing diagnostic information based on collected data and information for treatment and diagnostic purposes; Health care services, namely, providing a database in the field of infectious disease information and featuring inputting and collection of data and information for treatment and diagnostic purposes;
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/29/2020, and first used in commerce at least as early as 06/29/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) website screenshot showing use of the Mark in connection with Applicant's services; photo showing use of the Mark in an advertisement for Applicant's services..

Original PDF file:
SPN1-156471510-2021041910 1920357350_._XPRESCHECK_W ebsite_Spec.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN1-156471510-2021041910 1920357350_._Screen_Shot_ 2021-02-02_at_1.16.05_PM.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.xprescheck.com/
Webpage Date of Access: 04/19/2021

REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Medical testing for diagnostic or treatment purposes; Airport based diagnostic medical testing labs; Medical testing for viruses and diseases; Consulting services in the fields of diagnostic medical testing and laboratory testing; Providing information concerning infectious diseases, diagnosis and treatment for viruses and infectious diseases, and the use of medical diagnostics; Health assessment services, namely, providing testing diagnostic information based on collected data and information for treatment and diagnostic purposes; Health care services, namely, providing a database in the field of infectious disease information and featuring inputting and collection of data and information for treatment and diagnostic purposes;
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 35; Medical testing for diabetes and pregnancy; Telemedicine services; Telemedicine services for medical diagnostic and treatment purposes; Healthcare services, namely, medical diagnosis and treatment of common illnesses, provided via synchronous communication through the world wide web, mobile applications, high definition video and audio; Urgent medical care centers; Drop-in medical clinics featuring non-emergency medical diagnostic services (Class 44)
Correspondence Information (current):
      LINDSAY E. COHEN SCHNEIDER
      PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lindsay.Schneider@bclplaw.com; ellen.whitehorn@bclplaw.com; dorian.johnson@bclplaw.com

The docket/reference number is 3002566.2.
Correspondence Information (proposed):
      Lindsay E. Cohen Schneider
      PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lindsay.Schneider@bclplaw.com; ellen.whitehorn@bclplaw.com; dorian.johnson@bclplaw.com

The docket/reference number is 3002566.2.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $350 will be submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Doug Satzman/      Date Signed: 04/20/2021
Signatory's Name: Doug Satzman
Signatory's Position: Chief Executive Officer
Signatory's Phone: 314-259-2481 Attorney of Record
Signature method: Sent to third party for signature

Request to Divide Signature


Signature: /Ellen Whitehorn/    Date: 04/20/2021
Signatory's Name: Ellen Whitehorn
Signatory's Position: Associate of Attorney of Record

Signatory's Phone: 314-259-2481 Attorney of Record

Signature method: Signed directly within the form
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


PAYMENT: 88892034
PAYMENT DATE: 04/20/2021

Serial Number: 88892034
Internet Transmission Date: Tue Apr 20 15:22:17 ET 2021
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XX-20210420152217917
186-88892034-7704ab867df7a8029349cb41b1e
8e615188737211d56b203974dbe8e243921b962-
DA-22151643-20210419201533749270