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: 90014064

Filing Date: 06/22/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) white, black, blue, green, purple, red, yellow, orange is/are claimed as a feature of the mark. The mark consists of a cuboid comprised of 4 separated quadrants, where a vertical rod in graduated color from white at the top to black at the bottom appears to pierce the cuboid through the middle. The front-most quadrant of the cuboid is comprised of the colors blue, purple, red, yellow and green; the right most quadrant is comprised of the colors red, yellow and orange; the backmost quadrant is comprised of the colors green and yellow; the left most quadrant is comprised of the colors blue and green. The white in the background is not a feature of the mark.
The applicant, Hunter Associates Laboratory, Inc., a corporation of Virginia, having an address of
      11491 Sunset Hills Road
      Reston, Virginia 20190
      United States
      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 001:  chemical reagents for use in testing of samples for use in optical tests and color tests; chemical reagents for use with optical test apparatus; chemical reagents for use with sample testing, liquid testing, optical testing, color testing, all the foregoing for non-medical purposes and non-veterinary purposes; chemical reagents for use with optical test apparatus for non-medical purposes; chemical analysis kit for testing color; reagents for use in scientific apparatus and laboratory apparatus, especially in photometers and spectrometers, for chemical or biological analysis for non-medical purposes; diagnostic reagents and diagnostic preparations in the nature of standards liquids for optical testing and color testing for non-medical purposes; diagnostic preparations, namely, quality control fluids for color testing for non-medical purposes
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.

International Class 009:  Color measurement spectrophotometers; Colorimeters; Color measurement software; Color measurement scientific instrumentation; Visible range spectrophotometers for measuring color; Software for use in color space conversion; Color management software for use in converting color between different color spaces; Color space converters for use in color grading and color correction; Optical measuring instruments, namely, color difference equation meters; Computer software for use with color measurement apparatus, namely, with electronic spectral measuring devices for use in optical analysis of colors, including measurement of color differences, all in the field of printing, graphics, and science; computer software for showing color differences, for use in the field of textile, paints, plastics, printing, petroleum, edible oils, water and wastewater, building supplies, concrete, stone, and aggregate products industry; Electro mechanical measuring equipment, namely, a scientific apparatus for determining color differences in paste and liquid products, namely, in paints, inks, cosmetics, pharmaceutical products in the nature of drugs, and food; computer software for measurement of color and color differences in quality control; Color difference meters; Test equipment and instruments for use in the analysis and measurement of colors, color differences, and appearance properties of materials, namely, colorimeters and color profile recorders; software for performing color difference equations; Computer software for performing shade sorting, grouping and taper of textile and building products based on lightness, hue, and appearance; Appearance measurement spectrophotometers for excluding gloss from the reported color coordinates; Optical measuring instruments for non-contact continuous measurement of moving products such as glass, plastic films, pellets and extrusions, food, painted sheet, coil metals, powders, and granular products, featuring software for calculating color differences and generating graphs for color consistency and trending at static or varying distances from the optical measuring instrument
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.




The owner's/holder's proposed attorney information: Sheryl De Luca. Other appointed attorneys are All other attorneys of Nixon & Vanderhye P.C.. Sheryl De Luca of Nixon & Vanderhye 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
      901 N. Glebe Road, 11th Floor
      Arlington, Virginia 22203
      United States
      703-816-4000 x4063(phone)
      703-816-4100(fax)
      nixonptomail@nixonvan.com
The docket/reference number is sld-65-77.
Sheryl De Luca 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:

Sheryl De Luca

PRIMARY EMAIL FOR CORRESPONDENCE: nixonptomail@nixonvan.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 $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 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: /Sheryl De Luca/   Date: 06/22/2020
Signatory's Name: Sheryl De Luca
Signatory's Position: Attorney of record, VA bar member
Payment Sale Number: 90014064
Payment Accounting Date: 06/22/2020

Serial Number: 90014064
Internet Transmission Date: Mon Jun 22 15:31:01 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202006221531018
33108-90014064-710b2edb2b78a25cf5c8fe35d
77750cda6678e2523bc2e3182edbc02a8e669b94
-CC-31008356-20200622144148042666