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

---

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: 90575649

Filing Date: 03/12/2021

To the Commissioner for Trademarks:

MARK: HYPROTECT (Standard Characters, see below )

The literal element of the mark consists of HYPROTECT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Bio-Gate AG, a corporation of Germany, having an address of
      Neumeyerstr. 28-34
      Nürnberg 90411
      Germany
      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:  Pharmaceutical preparations, Medicinal products and Drugs; Tissue for medical use; Disinfectant-impregnated tissues; Tissues impregnated with pharmaceutical lotions; Sanitary preparations for medical purposes; Plasters; Medical Dressings containing silver; Medical wound dressings containing silver; Wound dressings containing silver; Bandages for skin wounds which bandages contain silver; Materials for dressing wounds which materials contain silver; Sponges for healing wounds which sponges contain silver; Antiseptic preparations for wound care; Tampons for medical purposes; Adhesive bandages for skin wounds which adhesive bandages contain silver; Medical adhesives for binding wounds which medical adhesives contain silver; Absorbent sanitary articles; Sanitary Panty liners; Impregnated antiseptic wipes; Pharmaceutical preparations for veterinary use, Veterinary products and Drugs; Tissue for veterinary use; Disinfectant-impregnated tissues for veterinary use; Tissues impregnated with pharmaceutical lotions for veterinary use; Sanitary preparations for veterinary purposes; Plasters for veterinary use; Veterinary Dressings containing silver; Veterinary wound dressings containing silver; Wound dressings containing silver for veterinary use; Veterinary bandages for skin wounds which bandages contain silver; Materials for dressing wounds for veterinary use which materials contain silver; Sponges for healing wounds for veterinary use which sponges contain silver; Antiseptic preparations for wound care for veterinary use; Tampons for veterinary purposes; Adhesive bandages for skin wounds for veterinary use which adhesive bandages contain silver; Veterinary adhesives for binding wounds which veterinary adhesives contain silver; Absorbent sanitary articles for veterinary use; Impregnated antiseptic wipes for veterinary use; none of the aforementioned for use in relation with ocular, peri-ocular and sight fields
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 018307330, filed 09/15/2020.
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.


International Class 009:  Contact lenses; Protective masks; Filters for respiratory masks; Protective clothing for the prevention of infection; Antimicrobial protective clothing for the prevention of infection; Biohazard suits; Footwear for protection against biological hazards; Clothing for protection against biological hazards; Contact lenses for animals; Protective masks for animals; Filters for respiratory masks for animals; Protective clothing for the prevention of infection for animals; Antimicrobial protective clothing for the prevention of infection for animals; Biohazard suits for animals; Footwear for protection against biological hazards for animals; Clothing for protection against biological hazards for animals
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 018307330, filed 09/15/2020.
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.


International Class 010:  Protective masks for use by persons working in medicine and veterinary medicine; Protective masks for use by persons working in the dentistry and veterinary dentistry; Protective masks for use by surgeons during operations; High filter surgical masks; Orthopaedic implants; Implanted protheses; Implants for replacing vertebrae; Medical implants coated with a coating containing silver; Medical implants made of resorbable material which implants are coated with a coating containing silver; Orthopaedic implants coated with a coating containing silver; Implanted protheses coated with a coating containing silver; Implants for replacing vertebrae which implants are coated with a coating containing silver; Capillary drainage tubes coated with a coating containing silver; Biliary drainage catheters coated with a coating containing silver; Surgical tubing for wound drainage which surgical tubing is coated with a coating containing silver; Drainage tubes for medical purposes which drainage tubes are coated with a coating containing silver; Hypodermic needles for use in wound drainage which hypodermic needles are coated with a coating containing silver; Wound drainage pouches coated with a coating containing silver; Urinary drainage bags coated with a coating containing silver; Medical drainage bags for nephrostomy which medical drainage bags are coated with a coating containing silver; Medical drainage bags for collection of abscess which medical drainage bags are coated with a coating containing silver; Medical drainage bags for collection of biliary which medical drainage bags are coated with a coating containing silver; Chest drainage devices for removal of fluids from the pleural cavity of patients which chest drainage devices are coated with a coating containing silver; Catheters coated with a coating containing silver; Medical catheters coated with a coating containing silver; Urethral catheters coated with a coating containing silver; Intracardiac catheters coated with a coating containing silver; Cardiac catheters coated with a coating containing silver; Intravenous catheters coated with a coating containing silver; Balloon catheters coated with a coating containing silver; Electrophysiology diagnostic catheters coated with a coating containing silver; Pouches to be implanted together with medical implants inside the pouches which pouches are coated with a coating containing silver; Surgical meshes; Surgical hernia meshes; Surgical hernia meshes coated with a coating containing silver; Apparatus for administering drugs by inhalation; Apparatus for administering drugs by inhalation which apparatus contain a coating containing silver; Medical devices; Medical devices coated with a coating containing silver; External fixators, namely, splints; Orthopedic fixation devices; Braces for joint fixation; Biodegradable bone fixation implants; Hooks being fracture fixation devices; Posterior spinal fixation devices for the correction of back defects; Posterior spinal fixation devices for the correction of spinal defects; Femoral nails; Intramedullary nails; Centro-medullary nails; Centro-medullary nails for tibia; Centro-medullary nails for femur; Bone plates; Medical Apparatus, namely, Spine plates; Plates for anastomosis of bones; Plates in the nature of orthopaedic surgical implants; Medical screw connections; Screws for bone; Lag screws in the nature of orthopaedic surgical implants; Compressing screws in the nature of orthopaedic surgical implants; Protective mouth masks for veterinary use; Protective nose masks for veterinary use; Veterinary orthopaedic implants; Veterinary implanted protheses; Veterinary implants for replacing vertebrae; Veterinary implants coated with a coating containing silver; Veterinary implants made of resorbable material which implants are coated with a coating containing silver; Veterinary orthopaedic implants coated with a coating containing silver; Veterinary implanted protheses coated with a coating containing silver; Veterinary implants for replacing vertebrae which implants are coated with a coating containing silver; Capillary drainage tubes for veterinary use which capillary drainage tubes are coated with a coating containing silver; Biliary drainage catheters for veterinary use which biliary drainage catheters are coated with a coating containing silver; Surgical tubing for wound drainage for veterinary use which surgical tubing is coated with a coating containing silver; Drainage tubes for veterinary purposes which drainage tubes are coated with a coating containing silver; Hypodermic needles for use in wound drainage in veterinary which hypodermic needles are coated with a coating containing silver; Wound drainage pouches for veterinary use which wound drainage pouches are coated with a coating containing silver; Urinary drainage bags for veterinary use which urinary drainage bags are coated with a coating containing silver; Veterinary drainage bags for nephrostomy which veterinary drainage bags are coated with a coating containing silver; Veterinary drainage bags for collection of abscess which veterinary drainage bags are coated with a coating containing silver; Veterinary drainage bags for collection of biliary which veterinary drainage bags are coated with a coating containing silver; Chest drainage devices for removal of fluids from the pleural cavity of animals which chest drainage devices are coated with a coating containing silver; Catheters for veterinary use which catheters are coated with a coating containing silver; Veterinary catheters coated with a coating containing silver; Urethral catheters for veterinary use which urethral catheters are coated with a coating containing silver; Intracardiac catheters for veterinary use which intracardiac catheters are coated with a coating containing silver; Cardiac catheters for veterinary use which cardiac catheters are coated with a coating containing silver; Intravenous catheters coated with a coating containing silver for veterinary use; Balloon catheters for veterinary use which balloon catheters are coated with a coating containing silver; Electrophysiology diagnostic catheters for veterinary use which electrophysiology diagnostic catheters are coated with a coating containing silver; Pouches for veterinary use which pouches are to be implanted together with veterinary implants inside the pouches and which pouches are coated with a coating containing silver; Surgical meshes for veterinary use; Surgical hernia meshes for veterinary use; Surgical hernia meshes for veterinary use which surgical hernia meshes are coated with a coating containing silver; Apparatus for veterinary administering drugs by inhalation; Apparatus for veterinary administering drugs by inhalation which apparatus contain a coating containing silver; Veterinary devices; Veterinary devices coated with a coating containing silver; External fixators, namely, splints for use in veterinary; Veterinary orthopedic fixation devices; Braces for joint fixation for veterinary use; Biodegradable bone fixation implants for veterinary use; Hooks being fracture fixation devices for veterinary use; Posterior spinal fixation devices for the correction of back defects for veterinary use; Posterior spinal fixation devices for the correction of spinal defects for veterinary use; Femoral nails for veterinary use; Intramedullary nails for veterinary use; Centro-medullary nails for veterinary use; Centro-medullary nails for tibia for veterinary use; Centro-medullary nails for femur for veterinary use; Bone plates for veterinary use; Spine plates for veterinary use; Plates for anastomosis of bones for veterinary use; Plates in the nature of veterinary orthopaedic surgical implants; Veterinary screw connections; Screws for bone for veterinary use; Lag screws in the nature of veterinary orthopaedic surgical implants; Compressing screws in the nature of veterinary orthopaedic surgical implants.
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 018307330, filed 09/15/2020.
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.




The owner's/holder's proposed attorney information: Caroline Stevens. Other appointed attorneys are Mark Liss, Tamara Miller, Claudia Stangle, Michelle Zimmermann, Stella Ferraro, Anne Naffziger, Kevin Parks. Recognized Canadian attorney(s)/agent(s) is/are Mark Liss, Tamara Miller, Claudia Stangle, Anne Naffziger, Kevin Parks, Stella Fararro. Caroline Stevens of Leydig, Voit & Mayer, Ltd., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      The Atrium Bldg, 1981 N Broadway Ste 375
      Walnut Creek, California 94596
      United States
      925-482-0100(phone)
      trademark@leydig.com
The docket/reference number is 753282.
Caroline Stevens 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:

Caroline Stevens

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@leydig.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $1050 has been submitted with the application, representing payment for 3 class(es).

Declaration

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT18\IMAGEOUT18\905\756\90575649\xml1\APP0003.JPG



Signatory's Name: Marc Lloret-Grau
Signatory's Position: CEO
Signatory's Phone Number: Not Provided
Signature method: Handwritten
Payment Sale Number: 90575649
Payment Accounting Date: 03/12/2021

Serial Number: 90575649
Internet Transmission Date: Fri Mar 12 12:35:33 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20210312123533500302-90575649-7
70e73db4fe1791c65ea1f52a1b1e334457dc52c2
fd01a3c0454f8e2a384d24b-DA-35333206-2021
0312122514401516