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: 90764448

Filing Date: 06/09/2021

To the Commissioner for Trademarks:

MARK: NICUXpress (stylized and/or with design, see mark)
The literal element of the mark consists of NICUXpress. The color(s) black and blue is/are claimed as a feature of the mark. The mark consists of NICU followed by letter X in the form of a stylized DNA symbol, followed by letters press.
The applicant, Bio-Reference Laboratories, Inc., a corporation of New Jersey, having an address of
      481 Edward H. Ross Drive
      Elmwood Park, New Jersey 07407
      United States
      201-791-2600(phone)
      (201) 791-1941(fax)
      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 044:  genomic testing for disorders impacting patients in the newborn to early childhood range

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/24/2021, and first used in commerce at least as early as 03/24/2021, 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) Web page.

Original PDF file:
SPE0-9690150142-202106091 54538020786_._NICUXpress_ Specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: http://www.genedx.com/test-catalog/available-tests/nicuxpress-panel-3500-gene-panel-with-a-verbal-result-in-7-days/
Webpage Date of Access: 06/09/2021




For informational purposes only, applicant's website address is: www.bioreference.com

The owner's/holder's proposed attorney information: Arthur L. Lessler. Arthur L. Lessler of Lessler & Lessler, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      540 Old Bridge Turnpike
      South River, New Jersey 08882-1050
      United States
      732-254-5155(phone)
      732-254-7630(fax)
      LesslerA@outlook.com
The docket/reference number is BREF-132.
Arthur L. Lessler 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:

Arthur L. Lessler

PRIMARY EMAIL FOR CORRESPONDENCE: LesslerA@outlook.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): LesslerA2@gmail.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 $350 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: /Arthur L. Lessler/   Date: 06/09/2021
Signatory's Name: Arthur L. Lessler
Signatory's Position: Attorney of Record
Signatory's Phone Number: 732-254-5155
Signature method: Signed directly within the form
Payment Sale Number: 90764448
Payment Accounting Date: 06/09/2021

Serial Number: 90764448
Internet Transmission Date: Wed Jun 09 16:12:57 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021060916125705
8702-90764448-78077ca1d3341cb1134cf108bd
5cbd2c211da132f715abbc85c0dc269d0e03d-ET
-12563853-20210609154538020786