Application

PTO- 1478

Approved for use through 05/31/2021. 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 05/31/2021. 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: 90750532

Filing Date: 06/02/2021

To the Commissioner for Trademarks:

MARK: PENTAVITIN (stylized and/or with design, see mark)
The literal element of the mark consists of PENTAVITIN. The applicant is not claiming color as a feature of the mark. The mark consists of "PENTAVITIN" on the lower portion of a dark circle, above which is a U magnet-like design in the dark circle, above which are droplet designs.
The applicant, DSM IP Assets B.V., a besloten vennootschap (b.v.) legally organized under the laws of Netherlands, having an address of
      Het Overloon 1
      Heerlen 6411TE
      Netherlands
      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 001:  Ingredients for hand-sanitizing liquids, ingredients for hand sanitizing sprays, ingredients for hand sanitizers, chemical products for industrial use for the manufacture of beauty, eye care, hair care and skin care products, chemical and biochemical preparations for use in cosmetics, eye care products, hair care products, skin care products and sun-screen products for the absorption of ultraviolet ray.
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 018482941, filed 06/01/2021.
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 003:  Cosmetics, also for beauty, eye care, hair care and skin care; cosmetics, hair care, eye care and skin care products for the prevention of sunburn; sun-tan and sun-screening preparations; preparations and substances for the conditioning, care and appearance of the skin, body, eye, face and hair, cosmetic preparations, cosmetics, namely powders, sprays for deodorizing and refreshing, towelettes for deodorizing and cleansing and liquids for washing and cleansing, all for use in feminine hygiene, feminine hygiene wash, deodorants and antiperspirants (toiletry preparations); soaps, disinfectants and deodorant soaps, soaps for toilet purposes, body wash, hand wash, shower foams, shower creams, shower soaps, cleansing cream for toilet purposes and skin use, cleansing soaps for toilet purposes and skin use, bath gels and shower gels not for medical purposes, cosmetic preparations for cleaning and care of skin and hair, bath preparations and shower bath preparations, douching preparations for personal sanitary or deodorant purposes (toiletries); personal lotions for private parts, not for medical purposes; vaginal preparations for personal sanitary or deodorant purposes; hand-washing paste; anti-bacterial body wash, anti-bacterial hand wash, anti-bacterial foam hand wash; feminine hygiene wash (not medical), non-medicated preparations and substances for the conditioning, care and appearance of the skin, body, face and hair; cleansing milk for toilet purposes, creams, milks and lotions for cosmetic purposes, cosmetic preparations for skin care, cosmetic preparations for baths, shampoos and hair lotions.
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 018482941, filed 06/01/2021.
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 005:  Alcohol-based antibacterial skin sanitizer products, alcohol-based antibacterial skin sanitizer gels, alcohol-based antibacterial skin sanitizer liquids, alcohol-based antibacterial skin sanitizer foams, anti-bacterial cleaning preparations for hand and body, antibacterial skin protection lotions, creams and gels, hand disinfectants, vaginal washes for medical purposes; douching preparations for medical purposes; bath preparations for medical purposes; antibacterial hand wash; antibacterial bar soap; anti-bacterial body wash; anti-bacterial foam hand wash, feminine hygiene wash, hand sanitizing preparations; hand sanitizer.
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 018482941, filed 06/01/2021.
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.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1266727 and 3879325.


The owner's/holder's proposed attorney information: Duane M. Byers. Duane M. Byers of Nixon & Vanderhye PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      901 N. Glebe Road, 11th Floor
      Arlington, Virginia 22203
      United States
      703-786-7421(phone)
      nixonptomail@nixonvan.com
The docket/reference number is 4662-4229.
Duane M. Byers 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:

Duane M. Byers

PRIMARY EMAIL FOR CORRESPONDENCE: nixonptomail@nixonvan.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

	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: /dmb/   Date: 06/02/2021
Signatory's Name: Duane M. Byers
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 703-786-7421
Signature method: Signed directly within the form
Payment Sale Number: 90750532
Payment Accounting Date: 06/02/2021

Serial Number: 90750532
Internet Transmission Date: Wed Jun 02 19:49:13 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2021060219491305
8185-90750532-780bd8523fa5effda266155c2d
17f5c8ef6b4e5eadbacef99774a5dbd359d2a934
-CC-49110844-20210602193643817764