TEAS Plus New 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

TEAS Plus Application

Serial Number: 90556917

Filing Date: 03/03/2021

To the Commissioner for Trademarks:

MARK: BERRY (stylized and/or with design, see mark)
The literal element of the mark consists of BERRY. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word "BERRY".
The applicant, Shanghai Berry Electronic Technology Co., Ltd, a limited company (ltd.) legally organized under the laws of China, having an address of
      Unit 104, 1st Floor, Building 7
      No. 1188, Lianhang Road,Minhang District
      Shanghai 200000
      China
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 010:  Sphygmomanometers; Blood oxygen monitors; Blood pressure measuring apparatus; Blood pressure monitors; Ear thermometers; Fetal heartbeat monitors; Fetal pulse monitors; Heart rate monitoring apparatus; Heart rate monitors; Massage apparatus; Medical apparatus and instruments for use in surgery; Medical devices, namely, pulse oximeters; Pulse meters; Surgical apparatus and instruments for medical, dental or veterinary use; Thermometers for medical purposes

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 11/15/2020, and first used in commerce at least as early as 11/15/2020, 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 Applicant's products and screenshot of Applicant's product sold online showing use of the mark in commerce.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-142089126-2021030204 5623751946_._d_Oxygen_Pul se_Oximeter_With_Free_App _Product_on_Alibaba.com.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: http://www.alibaba.com/product-detail/berry-Handheld-Blood-Oxygen-Pulse-oximeter_1600195551135.html?spm=a2747.manage.0.0.60f371d2LFfbmq
Webpage Date of Access: 03/02/2021




The owner's/holder's proposed attorney information: Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1400
      400 Poydras Street
      New Orleans 70130
      China
      504-323-6600(phone)
      apacifici@iplawconsulting.com
The docket/reference number is 01425-T-0616.
Adriano Pacifici 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:

Adriano Pacifici

PRIMARY EMAIL FOR CORRESPONDENCE: apacifici@iplawconsulting.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): litinso04@litinso.cn; creid@iplawconsulting.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 $250 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: /APacifici/   Date: 03/03/2021
Signatory's Name: Adriano Pacifici
Signatory's Position: Attorney of record
Signatory's Phone Number: 504-323-6600
Signature method: Signed directly within the form
Payment Sale Number: 90556917
Payment Accounting Date: 03/03/2021

Serial Number: 90556917
Internet Transmission Date: Wed Mar 03 08:15:12 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.X-20210303081512352
056-90556917-7702dc3e3a3efdf4dba74465418
917dc6a411ee1988a6bb3d63959dd38e28d52-CC
-15103923-20210303081239330615