Trademark/Service Mark Application, Principal Register
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
*DESCRIPTION OF THE MARK
(and Color Location, if applicable)
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.
PIXEL COUNT ACCEPTABLE
YES
PIXEL COUNT
627 x 421
REGISTER
Principal
APPLICANT INFORMATION
*OWNER OF MARK
Société des Produits Nestlé S.A.
*MAILING ADDRESS
CASE POSTALE 353
*CITY
Vevey
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Switzerland
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
1800
*DOMICILE
XXXX
*EMAIL ADDRESS
XXXX
LEGAL ENTITY INFORMATION
TYPE
société anonyme (sa)
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED
Switzerland
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS
005
*IDENTIFICATION
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.
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.
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S)
The applicant claims ownership of active prior U.S. Registration Number(s) 4235971 and 4105761.
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:
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
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