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: 90542345

Filing Date: 02/23/2021

To the Commissioner for Trademarks:

MARK: BIOTRUST (Standard Characters, see mark)
The literal element of the mark consists of BIOTRUST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Bio Trust Nutrition, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      4100 Spring Valley Rd #325
      Dallas, Texas 75244
      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 003:  Non-medicated anti-aging serum; non-medicated skin care preparations; skin care products, namely, non-medicated skin serum; skin lotions

In International Class 003, 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 08/00/2017, and first used in commerce at least as early as 08/00/2017, 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) photographs of products and product packaging showing use of the mark.
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 032:  Pre-packaged preparations for making beverages, namely, fruit drinks, soft drinks, tea-flavored drinks, sports drinks and energy drinks; concentrates, syrups or powders for making fruit-flavored beverages and energy drinks, enhancing water and enhancing sparkling water
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4708918, 4791119, 5100569, and others.


The owner's/holder's proposed attorney information: Miriam D. Trudell. Other appointed attorneys are Sabrina C. Stavish, Sarah J. Schneider, Pamela N. Hirschman, Caroline E. Bryce, Jeanette E. Sinclare, Autumn R. Hartman, Susan K. Miller and all other attorneys of Sheridan Ross P.C.. Miriam D. Trudell of Sheridan Ross 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
      1560 Broadway, Suite 1200
      Denver, Colorado 80202
      United States
      303-863-9700(phone)
      303-863-0223(fax)
      mtrudell@sheridanross.com
The docket/reference number is 6530-4-3.
Miriam D. Trudell 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:

Miriam D. Trudell

PRIMARY EMAIL FOR CORRESPONDENCE: mtrudell@sheridanross.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@sheridanross.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 $700 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: /miriam trudell/   Date: 02/23/2021
Signatory's Name: Miriam D. Trudell
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 303-863-9700
Signature method: Signed directly within the form
Payment Sale Number: 90542345
Payment Accounting Date: 02/23/2021

Serial Number: 90542345
Internet Transmission Date: Tue Feb 23 17:31:20 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021022317312059
7409-90542345-77011789198e8804b652edf1ff
e391f0262e16b44627d837833d848ec0532d5789
-DA-31202360-20210223171542294322