Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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.

Trademark/Service Mark Application, Principal Register

Serial Number: 90463763

Filing Date: 01/13/2021

To the Commissioner for Trademarks:

MARK: PhoenixDx (Standard Characters, see mark)
The literal element of the mark consists of PhoenixDx. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, PROCOMCURE BIOTECH GMBH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Austria, having an address of
      Breitwies 1
      Thalgau A-5303
      Austria
      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 substances for, Proteins for use in industry, Chemical compositions and materials for use in science; Chemicals for use in performing nucleic acid polymerase chain reactions, Biomolecule labelling kits comprising reagents for use in scientific research, Kits for collecting body fluids, Biochemicals namely, precursors for in vitro genetic engineering use
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.

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 018310486, filed 09/18/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 005:  Medical and veterinary preparations and articles for diagnosis; Diagnostic preparations and materials, Indicators for medical diagnosis
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.

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 018310486, filed 09/18/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 009:  Polymerase chain reaction apparatus, in particular for the examination of RNA and DNA
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.

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 018310486, filed 09/18/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 010:  Tools for medical diagnostics, Medical and veterinary apparatus and instruments, Diagnostic, examination, and monitoring equipment
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.

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 018310486, filed 09/18/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  Analysis in the field of molecular biology; Contract research services relating to molecular sciences, Research relating to molecular sciences, Genetic engineering services, Genetic engineering services relating to plants, Design of diagnostic apparatus, Development of diagnostic apparatus
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.

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 018310486, filed 09/18/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Allison L. Richmond. Other appointed attorneys are James M. Bagarazzi, Richard M. Moose, Stephen E. Bondura, Timothy A. Cassidy, Tim F. Williams, Jason W. Johnston, Neil M. Batavia, Alan R. Marshall, J. Parks Workman, Thomas D. Huycke, Jason A. Jennings, Seth E. Jones, Anand K. Patel, Erik K. Sivertson, Joseph J. Probst, J. Rhoades White, Jr. Allison L. Richmond of DORITY & MANNING, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 1449
      Greenville, South Carolina 29602-1449
      United States
      864-271-1592(phone)
      864-233-7342(fax)
      docketing@dority-manning.com
The docket/reference number is KSW-39-TM.
Allison L. Richmond 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 Allison L. Richmond of DORITY & MANNING, P.A.
      P.O. Box 1449
      Greenville South Carolina 29602-1449
      United States
      864-271-1592(phone)
      864-233-7342(fax)
      docketing@dority-manning.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:

Allison L. Richmond

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@dority-manning.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): deniseg@dority-manning.com; lhensel@dority-manning.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 $1750 has been submitted with the application, representing payment for 5 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: /allison l. richmond/   Date: 01/13/2021
Signatory's Name: ALLISON L. RICHMOND
Signatory's Position: Attorney of Record, South Carolina Bar Member
Signatory's Phone Number: 864-271-1592
Signature method: Sent to third party for signature
Payment Sale Number: 90463763
Payment Accounting Date: 01/13/2021

Serial Number: 90463763
Internet Transmission Date: Wed Jan 13 14:45:31 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202101131445311
91179-90463763-760bb115542834aef64e87b55
deb1881db4a0d124f4165ae35dd558e559f10342
-CC-45296730-20210113141210457942