Application

PTO- 1478

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

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

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

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90484167

Filing Date: 01/23/2021

To the Commissioner for Trademarks:

MARK: DUET (Standard Characters, see mark)
The literal element of the mark consists of DUET. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, bluDiagnostics LLC, a corporation of Delaware, having an address of
      10201 Torre Avenue
      Cupertino, California 95014
      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 005:  Medical diagnostic test strips and cartridges for saliva and hormone analysis; Medical diagnostic test strips and cartridges for use in the field of detecting respiratory viruses and other infectious, viral, inflammatory, immunological, autoimmune, and cardiovascular illness; Medical diagnostic reagents and assays for testing of body fluids; Diagnostic kits consisting primarily of monoclonal antibodies, buffers, and reagents for use in disease testing; Diagnostic kits comprised of medical diagnostic reagents and assays for testing of bodily fluids for use in disease detection, namely, infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness.
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.

International Class 009:  Research laboratory analyzers for measuring, testing and analyzing saliva and other bodily fluids; electronic readers for measuring, testing and analyzing saliva and other bodily fluids; cloud connected electronic readers for testing and analyzing saliva and other bodily fluids; Downloadable cloud computing software for storing, transmitting, and analyzing data in the cloud; Portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating, analyzing and reviewing medical data; Computer hardware and recorded software sold as a unit for use with medical patient testing equipment, for receiving, processing, analyzing, transmitting and displaying data; downloadable software application for viewing, transmitting, and analyzing medical data and test results; downloadable software application allowing patients and medical providers to view, transmit, receive, and analyze medical data and test results.
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.

International Class 010:  Medical diagnostic apparatus for testing infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness; Medical diagnostic apparatus for testing infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness incorporating recorded operating system software; Medical diagnostic apparatus for at-home testing for infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness; Medical diagnostic apparatus for rapid response testing for infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness; Medical diagnostic apparatus for testing infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness incorporating recorded software for analyzing and reporting data to patients and medical providers; Diagnostic kits consisting primarily of probes, buffers and reagents for use in microbial and hormone testing.
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.

International Class 042:  Scientific and technological services, namely, analysis and testing in the field of medical diagnostics; Cloud computing featuring software for use in analyzing and reporting test results in the field of medicine; Providing temporary use of on-line non-downloadable cloud computing software for use in analysis, reporting, and electronic storage of data in the field of medicine; Providing temporary use of non-downloadable cloud-based software for analyzing medical test results.
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.

International Class 044:  Medical diagnostic testing, monitoring and reporting services; Medical testing for diagnostic or treatment purposes in the field of infectious, viral, inflammatory, immunological, autoimmune, respiratory, and cardiovascular illness; Medical testing for diagnostic or treatment purposes.
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.



The owner's/holder's proposed attorney information: Phi Lan Tinsley. Phi Lan Tinsley of K&L Gates LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      State Street Financial Center
      One Lincoln Street
      Boston, Massachusetts 02111
      United States
      617-261-3100(phone)
      617-261-3175(fax)
      BOTrademarks@klgates.com
The docket/reference number is pending.
Phi Lan Tinsley 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:

Phi Lan Tinsley

PRIMARY EMAIL FOR CORRESPONDENCE: BOTrademarks@klgates.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NewFilings@klgates.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: /Katie Brenner/   Date: 01/21/2021
Signatory's Name: Katie Brenner
Signatory's Position: President
Signatory's Phone Number: 608-338-4289
Signature method: Sent to third party for signature
Payment Sale Number: 90484167
Payment Accounting Date: 01/25/2021

Serial Number: 90484167
Internet Transmission Date: Sat Jan 23 09:59:37 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20210123095937790
664-90484167-76010943b77fa773ed81829f74c
f9c42cff2be5023df71824ca63a91ef42c52-DA-
59370207-20210120092148423210