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: 88378223

Filing Date: 04/09/2019

To the Commissioner for Trademarks:

MARK: ALCON (stylized and/or with design, see mark)

The literal element of the mark consists of ALCON.
The color(s) blue is/are claimed as a feature of the mark. The mark consists of the word ALCON in stylized letters and in the color blue.
The applicant, Alcon Inc., a corporation of Switzerland, having an address of
      Rue Louis-d' Affry 6
      Fribourg CH-1701
      Switzerland
      817-615-5088(phone)
      817-551-4373(fax)
      XXXX (not authorized)

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:  Contact lenses; computer hardware and software for use in medical office management
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.

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 Jamaica application number 076849, filed 02/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 010:  Outer containers and drop dispensing bottles for ophthalmic preparations; disposable ophthalmic eye drapes; container for use in the cleaning, soaking and storage of contact lenses; surgical sponges; surgical equipment for ophthalmic surgery, namely phacoemulsifiers, vitreoretinal devices and lasers; surgical sutures and needles for ophthalmic surgery sold individually and as kits; instruments for ophthalmic surgery sold individually and as kits, and accessories therefore, namely tubing sets, disposable eye drapes, ophthalmic sponges, probes, infusion sleeves, irrigation/aspiration hand pieces, light shields, light guides, cannulas, forceps, scissors, trays for carrying, storage and sterilization of surgical instruments; and intraocular lenses and insertion devices for intraocular lenses; surgical instruments and apparatus for use in ophthalmic surgery; microscopes for surgical operations and component parts and fittings therefore
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.

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 Jamaica application number 076849, filed 02/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 005:  Ophthalmic preparations; medicinal compounds for external treatment of hay fever; sterile solutions generally used intravenously as an aid to visualize abnormal conditions in the body and as a means of determining circulation time in the blood; contact lens wetting and soaking solutions; a mixture of water soluble polymers sold as an ingredient in ophthalmic preparations; and decongestant preparations; Ophthalmic solutions; Solutions for use with contact lenses, ophthalmic preparations; otorhinolaryngological preparations; vitamins and minerals for ophthalmic use
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.

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 Jamaica application number 076849, filed 02/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 035:  Advertising; business management; business administration; office functions
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.

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 Jamaica application number 076849, filed 02/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 037:  Building construction; repair; installation services
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.

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 Jamaica application number 076849, filed 02/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 041:  Education; providing of training; entertainment; sporting and cultural activities
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.

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 Jamaica application number 076849, filed 02/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0581463, 1055870, 1740936, and others.

The applicant's current Attorney Information:
      John F. Ward and Lisa Hart      6201 South Freeway
      Fort Worth, Texas 76134
      United States
      817-615-5088(phone)
      817-551-4373(fax)
      tm.services@alcon.com (authorized)
The attorney docket/reference number is TMA039540-US.

The applicant's current Correspondence Information:

John F. Ward

6201 South Freeway

Fort Worth, Texas 76134

817-615-5088(phone)

817-551-4373(fax)

tm.services@alcon.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail 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 $1650 has been submitted with the application, representing payment for 6 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: /Lisa Hart/   Date: 04/09/2019
Signatory's Name: Lisa Hart
Signatory's Position: Attorney of record, Texas bar member
Payment Sale Number: 88378223
Payment Accounting Date: 04/10/2019

Serial Number: 88378223
Internet Transmission Date: Tue Apr 09 17:44:14 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190409174414
555047-88378223-62016415fd1479b4d8efe60a
e18412c78ad2cdf4b2326d28b64154fe6e5b348e
f34-DA-5444-20190409154410516879