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: 88945730

Filing Date: 06/03/020

To the Commissioner for Trademarks:

MARK: GLADIATOR (stylized and/or with design, see mark)
The literal element of the mark consists of GLADIATOR. The color(s) gold and black is/are claimed as a feature of the mark. The mark consists of the word GLADIATOR in gold uppercase letters with a shadow, superimposed on a black rectangle with rounded corners. The letter "O" in GLADIATOR has a flat top and encloses the headset of a stethoscope. The tubing of the stethoscope extends from the bottom of the letter "O," and the chest piece is placed over the letter "R".
The applicant, Fricaeco América S.A.P.I. de C.V., a Sociedad Anónima Promotora de Inversión de Capital Variable legally organized under the laws of Mexico, having an address of
      Carretera Federal 307, Km. 329.5
      Col. Calopark Nave Solesyto
      Puerto Morelos, QR 77580
      Mexico
      XXXX

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 _______: Face masks for antibacterial protection for medical use; Face masks for antibacterial protection for surgical use; Face masks for medical use; Face masks for surgical use; Protective face masks for toxic substances for medical use; Protective face masks for toxic substances for surgical use

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 Mexico application number 2348576, filed 04/16/2020.
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.





The owner's/holder's proposed attorney information: John M. Murphy. John M. Murphy of Arochi & Lindner, S.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Building C1-56YI
      5802 Bob Bullock (Loop 20)
      Laredo, Texas 78041
      United States
      +52-5550952031(phone)
      jmurphy@arochilindner.com
The docket/reference number is 07867.0050.
John M. Murphy 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 hereby appoints John M. Murphy of Arochi & Lindner, S.C.
      5802 Bob Bullock (Loop 20)
      Building C1-56YI
      Laredo Texas 78041
      United States
      +52-5550952031(phone)
      jmurphy@arochilindner.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

John M. Murphy

PRIMARY EMAIL FOR CORRESPONDENCE: jmurphy@arochilindner.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $275 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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 M. Murphy/   Date: 06/03/2020
Signatory's Name: Murphy, John M.
Signatory's Position: Attorney of Record - Member of the Illinois Bar
Payment Sale Number: 88945730
Payment Accounting Date: 06/03/2020

Serial Number: 88945730
Internet Transmission Date: Wed Jun 03 11:57:47 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202006031157472
20346-88945730-7101ead8352d4424d7d3274e6
ff3f781d2776c90526d622fbaec413a3a6e7c773
-CC-57450807-20200603114632151044