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: 90227238

Filing Date: 09/30/2020

To the Commissioner for Trademarks:

MARK: OPTIMEDICAL (stylized and/or with design, see mark)
The literal element of the mark consists of OPTIMEDICAL. The mark consists of the text "OPTIMEDICAL" and design of a triangle with sunburst.
The applicant, IDEXX Laboratories, Inc., a corporation of Delaware, having an address of
      One IDEXX Drive
      Westbrook, Maine 04092
      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:  Diagnostic reagents for medical laboratory use

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/31/2020, and first used in commerce at least as early as 05/31/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photo of goods with mark shown.
Specimen File1

International Class 005:  Diagnostic test kits comprised of diagnostic reagents and assays for testing bodily fluids for use in disease detection

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/31/2020, and first used in commerce at least as early as 05/31/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Testing insert shipped with packaging with mark shown.

Original PDF file:
SPE0-74116198157-20200925 134309890874_._Test_inser t.pdf
Converted PDF file(s) (18 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2178782.


The owner's/holder's proposed attorney information: Cynthia Johnson Walden. Other appointed attorneys are Keith A. Barritt, Vivian Cheng, Timothy A. French, Jonathan Jekel, Nancy Ly, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr., Russell N. Rippamonti, Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Lisa Greenwald-Swire, Ryan Thomas, Kerrijane John, Sarah Kelleher, Annie Hartnett, Charles Bahlert, Jenifer deWolf Paine, Ryan Steinman, Keton Hansrajh. Cynthia Johnson Walden of Fish & Richardson 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
      PO Box 1022
      Minneapolis, Minnesota 55440-1022
      United States
      617-542-5070(phone)
      877-769-7945(fax)
      tmdoctc@fr.com

Cynthia Johnson Walden 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:

Cynthia Johnson Walden

PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jlynch@fr.com; walden@fr.com; kelleher@fr.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 $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: /Neil Gilbert/   Date: 09/29/2020
Signatory's Name: Neil Gilbert
Signatory's Position: Counsel for Applicant
Payment Sale Number: 90227238
Payment Accounting Date: 09/30/2020

Serial Number: 90227238
Internet Transmission Date: Wed Sep 30 17:32:56 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202009301732564
30483-90227238-750d88675273a3fade820636f
7be289d7487bb95c2e26c2a37bdb5141d2ceecba
-DA-32563591-20200929082915514677