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: 90393919

Filing Date: 12/18/2020

To the Commissioner for Trademarks:

MARK: VITAFLO (stylized and/or with design, see mark)
The literal element of the mark consists of VITAFLO. The mark consists of the word "VITAFLO" positioned through the center of a circle, where the letter I breaks the circle on the left side and the letter O breaks the circle on the right side.
The applicant, Société des Produits Nestlé S.A., a société anonyme (sa) legally organized under the laws of Switzerland, having an address of
      CASE POSTALE 353
      Vevey 1800
      Switzerland
      XXXX
Domiciled at: 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 005:  Dietetic food, beverages and substances adapted for medical and clinical use; food and food substances for babies; food for babies; infant formula; food for infants; powdered milk for babies; food and food substances for medical use for children and invalids; food and food substances for nursing mothers for medical use; nutritional supplements for medical purposes for pregnant women and nursing mothers; nutritional supplements; dietary supplements for medical use; nutritional and dietary supplements for medical use; vitamin preparations, mineral-based preparations; meal replacements adapted for medical use; dietetic confectionery for medical use; dietary fiber.

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 Switzerland application number 11008/2020, filed 08/06/2020.
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.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4235971 and 4105761.


The owner's/holder's proposed attorney information: Catherine C. Miller. Other appointed attorneys are All other attorneys of Holland & Hart LLP. Catherine C. Miller of Holland & Hart LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com
The docket/reference number is 82145.2967.
Catherine C. Miller 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 Catherine C. Miller of Holland & Hart LLP
      P.O. Box 8749
      Attn: Trademark Docketing
      Denver Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.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:

Catherine C. Miller

PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ccmiller@hollandhart.com; aanderson@hollandhart.com; ljheld@hollandhart.com; emartin@hollandhart.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 $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: /Catherine C. Miller/   Date: 12/18/2020
Signatory's Name: Catherine C. Miller
Signatory's Position: Attorney for Applicant, Colorado bar member
Payment Sale Number: 90393919
Payment Accounting Date: 12/18/2020

Serial Number: 90393919
Internet Transmission Date: Fri Dec 18 16:13:22 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020121816132207
7735-90393919-750d8a5c02983d44c3acca3db7
4f01e337e38d8bb630e961ec62e0d581555b8a2e
-DA-13211591-20201218160318205920