Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90677946

Filing Date: 04/28/2021

To the Commissioner for Trademarks:

MARK: AQUILAVIE (Standard Characters, see mark)
The literal element of the mark consists of AQUILAVIE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aquila Brands Limited, a corporation of Hong Kong, having an address of
      3/F, 31 Caine Road Mid-levels
      Hong Kong 00000
      Hong Kong
      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 or veterinary diagnostic kit sold as a unit, comprising chemical reagents for medical or veterinary purposes containing chemical or biological entities; diagnostic kits consisting primarily of monoclonal antibodies, buffers, and chemical reagents for use in disease testing for medical and veterinary purposes; diagnostic assay test kits consisting of medical diagnostic chemicals and reagents; diagnostic biomarker reagents for medical purposes; immunoassay reagents for medical use; reagents for microbiological analysis; diagnostic agents of biological origin for use in the diagnosis of diseases; clinical diagnostics for medical or veterinary use; diagnostic preparations for medical and veterinary purposes; medical diagnostic chemicals; medical diagnostic reagents; preparations for detecting genetic predispositions for medical purposes; reagents for use in medical genetic testing; biological preparations for medical and veterinary purposes; biological preparations for veterinary purposes; biological reagents for medical purposes; biological reagents for use in molecular biology; sanitary preparations for medical purposes; sanitary towels; fungicides; herbicides; analgesics; anaesthetics; antibiotics; antiseptics; antiseptic cotton; pharmaceutical preparations; drugs for medical purposes; biological preparations for medical purposes; diagnostic preparations for medical purposes; chemical preparations for medical purposes; alcohol-based antibacterial skin sanitizer gels; disinfecting preparations; alcohol disinfectant wet wipe; disinfectants for household use or for hygiene or sanitary purposes; disinfectants for hygiene or medical purposes; disinfectants for washing and impregnating clothes; antiseptic disinfectant spray; disinfectant soap; disinfectant swabs; sanitizing wipes; wipes for medical use; moist wipes impregnated with pharmaceutical lotion; paper wipes impregnated with anti-bacterial preparations; pre-filled syringes for medical purposes; oxygen cylinders, filled, for medical purposes; dietetic substances adapted for medical use; wadding for medical purposes; dressings, medical; adhesive tapes for medical purposes; eyepatches for medical purposes; cotton swabs for medical purposes; sterilising substances; sanitary sterilising preparations; adhesive skin patches for medical use; immunostimulants; immunotherapeutic agents for bacterial and virus infections; pharmaceutical preparations for immunity adjustment; pharmaceutical preparations for regulating the immune system; pharmaceutical preparations, including preparations for use in the treatment of genetically based diseases and disorders; pharmaceutical preparations for gene therapy and cell therapy; effervescent analgesic pharmaceutical preparations
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 Hong Kong application number 305570316, filed 03/22/2021.
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:  Computer hardware and software for medical, veterinary and diagnostic purposes; laboratory apparatus for use in research, agriculture, forestry and horticulture as well as for food analysis and beverage analysis; laboratory devices for use in research, science, industry, agriculture, horticulture and forestry; DNA (deoxyribonucleic acid) analysers; DNA (deoxyribonucleic acid) chips for analysis; apparatus and instruments for use in science and research; apparatus for input, output, storage and/or processing of data; biochemical analyzers; diagnostic apparatus and instruments, not for medical purposes; diagnostic apparatus, not for medical purposes; protective masks, respiratory masks, other than for artificial respiration, respirators for filtering air, dust masks for respiratory protection, face protection shields; personal protective 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 Hong Kong application number 305570316, filed 03/22/2021.
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:  Analyte detection devices comprising numerous individual reaction vessels that can be filled with a chemical or biological reagent for the purpose of detecting or quantifying the presence of analytes in samples for medical use; medical instruments and apparatus; a medical or veterinary diagnostic kit; apparatus for use in medical and veterinary analysis of enzyme immunoassays; in-vitro diagnostic testing apparatus incorporating chemical reagents (for medical use); apparatus for in-vitro diagnosis for medical use; test kits for use in clinical and medical research and development and for use in diagnosis, prognosis, prediction or treatment of diseases; diagnostic assay apparatus for use in clinical and medical research and development and for use in diagnosis, prognosis, prediction or treatment of diseases; medical apparatus for blood diagnosis and analysis; blood test instruments; blood testing apparatus; medical blood testing equipment; medical diagnostic instruments for the analysis of body fluids; medical laboratory instruments for the analysis of body fluids; apparatus for medical and veterinary research; apparatus for use in diagnosis; apparatus for medical diagnosis; apparatus and instruments for use in medical diagnosis; instruments for medical analysis and diagnosis; apparatus for use in medical analysis; apparatus for medical testing; medical diagnostic instruments; medical analysis apparatus; instruments for medical testing and examination; analysers for bacterial identification for medical purposes; apparatus for DNA and RNA testing for medical purposes; surgical face masks; masks for use by medical personnel; sanitary masks for medical purposes; patient examination gowns; gowns, all for medical and surgical use; disposable cloths, all for medical and surgical use; hand gloves, all for medical and surgical use; medical disposable products; pen-injectors and injection devices for medical use; prepackaged medical instrument trays; medical apparatus for introducing pharmaceutical preparations into the human body; syringes for injections and needles for medical use; syringes and medical measuring apparatus; testing apparatus for medical purposes; diagnostic apparatus for medical 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.

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 Hong Kong application number 305570316, filed 03/22/2021.
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 035:  Import-export agency services; advertising; marketing; business management assistance; commercial information agency services; commercial administration of the licensing of goods and services of others; online advertising; buying and selling agency services for others; sales promotion for others; procurement services for others; collection of goods, for others, for presentation and sales purposes; wholesale services; intermediate trading services; mail order services; catalogue trading services; retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies; wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
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 Hong Kong application number 305570316, filed 03/22/2021.
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 044:  Advisory and consultation services relating to the selection and use of personal protective equipment; advice in the field of medicine, pharmacology, medical analysis and diagnostics, advisory services and consultation services relating to personal healthcare, diet, nutrition, personal medical problems, medical products, medical services, the use of make-up, skin care, hair care, beauty treatment and cosmetic products, analysis services in the field of healthcare and medical care, consultation services in the field of healthcare, medical care and pharmaceuticals, health information services
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 Hong Kong application number 305570316, filed 03/22/2021.
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: Mark S. Raskin. Mark S. Raskin of King & Wood Mallesons LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      500 5th Ave FL 50
      New York, New York 10110
      United States
      mark.raskin@us.kwm.com

Mark S. Raskin 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:

Mark S. Raskin

PRIMARY EMAIL FOR CORRESPONDENCE: mark.raskin@us.kwm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): robert.whitman@us.kwm.com; sharon.lee@us.kwm.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: /Sharon Lee/   Date: 04/28/2021
Signatory's Name: Sharon Lee
Signatory's Position: Associate Attorney, King & Wood Mallesons LLP, New York Bar member
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 90677946
Payment Accounting Date: 04/28/2021

Serial Number: 90677946
Internet Transmission Date: Wed Apr 28 15:35:59 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202104281535594
82426-90677946-780dbf651266681f83f61d05a
44f48430d391f3553c257b17b5659614eaddd7-C
C-35582139-20210428152657213063