Application

---

Trademark/Service Mark Application, Principal Register

Serial Number: 90687165

Filing Date: 05/03/2021

To the Commissioner for Trademarks:

MARK: labcorp (stylized and/or with design, see mark)
The literal element of the mark consists of labcorp. The color(s) azure, cerulean, turquoise and black is/are claimed as a feature of the mark. The mark consists of Three concentric circles in azure, cerulean and turquoise followed by the term labcorp in lower case bold black letters.
The applicant, Laboratory Corporation of America Holdings, a corporation of Delaware, having an address of
      531 South Spring Street
      Burlington, North Carolina 27215
      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 010:  Diagnostic test kits for medical use comprised of devices for collecting bodily fluid samples, namely collection tubes, lancets, swabs, probes and collection envelopes, all for the purpose of medical diagnostic testing and treatment.
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 Jamaica application number 81883, filed 11/04/2020.
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:  Management and management consulting services in connection with the provision of clinical, diagnostic and analytical testing services; computer information storage and retrieval in the field of clinical, diagnostic and analytical testing; regulatory submission management, namely, assisting others in preparing and filing applications with governmental regulatory bodies for approval of new drugs and medical devices; forecasting drug supplies for clinical trials; recruiting patients and volunteers for clinical trials; business administration of patient reimbursement programs; market research, data collection, database management, and project management services, all in the fields of medical testing, diagnostic testing, testing for forensic purposes, testing for quality control purposes, genetic testing, clinical and analytical testing, disease, medical care, healthcare, pharmaceuticals, medical devices, biochemicals, and biotechnology.
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 Jamaica application number 81883, filed 11/04/2020.
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 042:  pharmaceutical drug development and testing services; research and development of pharmaceuticals, medical devices, biotechnology, and biochemical; medical and scientific research, namely, designing, organizing, conducting, monitoring, and managing clinical and non-clinical trials and studies on pharmaceuticals and medical devices for others; scientific consulting services for others in the field of clinical and non-clinical trials and studies on pharmaceuticals and medical devices; collection, calibration, analysis and reporting of medical and scientific research data in connection with clinical and non-clinical trials and studies on pharmaceuticals and medical devices; scientific laboratory services; scientific laboratory services, namely, formulating and bioprocessing pharmaceuticals; providing online computer databases in the fields of research and development of pharmaceuticals, medical devices, biotechnology, and biochemical; providing non-downloadable software through a web-based portal to collect, organize, and report medical information, medical records, and diagnostic testing records; providing a web-based portal in the fields of medical testing for scientific research purposes, testing for forensic research purposes, testing for quality control purposes, genetic testing for scientific research purposes, and medical and scientific research in the field of, disease, medical care, healthcare, pharmaceuticals, medical devices, biochemicals, and biotechnology
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 Jamaica application number 81883, filed 11/04/2020.
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:  medical testing for diagnostic, treatment, or screening purposes; medical testing for forensic purposes; genetic testing for medical purposes; consulting services in the fields of medical testing, testing for medical forensic purposes, genetic testing for medical purposes and relating to diagnostic, prophylactic and therapeutic information in the fields of disease, medical care and healthcare
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 Jamaica application number 81883, filed 11/04/2020.
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: William M. Bryner. Other appointed attorneys are Laura C. Miller, Tiffani D. Otey and any other attorney with the firm. William M. Bryner of Kilpatrick Townsend & Stockton LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1001 West Fourth Street
      Winston-Salem, North Carolina 27101
      United States
      336-607-7300(phone)
      tmadmin@kilpatricktownsend.com
The docket/reference number is 1249186.
William M. Bryner 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:

William M. Bryner

PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kfrith@kilpatricktownsend.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 $1400 has been submitted with the application, representing payment for 4 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: /Kathryn W. Kyle/   Date: 05/03/2021
Signatory's Name: Kathryn W. Kyle
Signatory's Position: Senior Vice President and Assistant Secretary
Signatory's Phone Number: 336-436-5021
Signature method: Sent to third party for signature
Payment Sale Number: 90687165
Payment Accounting Date: 05/03/2021

Serial Number: 90687165
Internet Transmission Date: Mon May 03 12:32:22 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021050312322265
1664-90687165-78062de1a995eb98296e4d4c31
ea729bd373940ab3bd66e32c9f18ec159e0acee-
CC-32212577-20210430150153844123