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: 90226601

Filing Date: 09/30/2020

To the Commissioner for Trademarks:

MARK: BECAUSE HUMAN HEALTH MATTERS (Standard Characters, see mark)
The literal element of the mark consists of BECAUSE HUMAN HEALTH MATTERS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Schott Aktiengesellschaft, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Hattenbergstraße 10
      Mainz 55122
      Germany
      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 010:  Cartridges, ampoules, and injection ampoules all being parts of or fittings for medical apparatus and instruments, namely, injection devices for pharmaceutical infusion and infusion devices for administering drugs; medical syringes.

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 European Union Trademark - EUTM application number 018315484, filed 09/30/2020.
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.


International Class 020:  Primary packaging containers made of plastics for pharmaceutical preparations sold empty; plastic fine tip and drinking ampoules for medication sold empty.

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 European Community - CTM application number 018315484, filed 09/30/2020.
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.


International Class 021:  Primary packaging containers made of special glass for pharmaceutical preparations, namely, bottles for pharmaceuticals, glass cartridges for medication, all sold empty; vials made of special glass for medication sold empty; fine tip and drinking ampoules made of special glass for medication sold empty.

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 European Community - CTM application number 018315484, filed 09/30/2020.
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: Ann K. Ford. Other appointed attorneys are Leon Medzhibovsky, Thomas E. Zutic, John M. Nading, Ryan C. Compton, David M. Kramer, Eunice R. Chung, James K.S. Stewart, Alberto Zacapa, Naomi Abraham, Devika Persaud and Hajra Nashin. Ann K. Ford of DLA Piper LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      500 8th Street NW
      Washington, District of Columbia 20004
      United States
      202-799-4000(phone)
      202-799-5000(fax)
      DCTrademarks@dlapiper.com

Ann K. Ford 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:

Ann K. Ford

PRIMARY EMAIL FOR CORRESPONDENCE: DCTrademarks@dlapiper.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Alberto.Zacapa@dlapiper.com 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 $825 has been submitted with the application, representing payment for 3 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: /Thomas E. Zutic/   Date: 09/30/2020
Signatory's Name: Thomas E. Zutic
Signatory's Position: Attorney of record, District of Columbia Bar Member
Payment Sale Number: 90226601
Payment Accounting Date: 09/30/2020

Serial Number: 90226601
Internet Transmission Date: Wed Sep 30 15:15:34 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202009301515344
64458-90226601-7500cfdfacef8981a680ac1c5
0aa153a32a3d45e68c14d27242b2903a5447d779
-DA-15344195-20200930125922037098