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: 90770493

Filing Date: 06/11/2021

To the Commissioner for Trademarks:

MARK: AVITI (Standard Characters, see mark)
The literal element of the mark consists of AVITI. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Element Biosciences, Inc., a corporation of Delaware, having an address of
      9880 Campus Point Drive, Suite 210
      San Diego, California 92121
      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 001:  assays and reagents for use in genetic research; diagnostic reagents for scientific or research use; diagnostic reagents for clinical or medical laboratory use; reagents and reagent kits comprised primarily of nucleic acids, naturally occurring or modified nucleotides, enzymes, labels, and buffers, all for the purpose of preparing, detecting, sequencing, and analyzing nucleic acids and other biological molecules, samples of biological molecules, genes, genomes, nucleotide sequence variants and modifications, regulation, transcription, and expression in the fields of scientific, diagnostic and clinical research
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.

International Class 005:  medical diagnostic reagents; clinical diagnostic reagents; reagent kits and beads with attached biomolecules, comprised primarily of oligonucleotides and other nucleic acids, natural and modified nucleotides, polypeptides, buffers, labels, and substrates, for clinical diagnostic 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.

International Class 009:  computer systems, namely, computer hardware, computer software, and data files for collecting, storing, analyzing and reporting biological information, and for sample tracking and managing projects, laboratory workflow and data, all the foregoing for use in the fields of diagnostic and clinical research and for clinical diagnostic purposes; computer software for data collection, management, and analysis of genetic information for use in the fields of diagnostic and clinical research and for clinical diagnostic 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.

International Class 010:  clinical diagnostic instruments, namely, nucleic acid sequencers, imaging devices and analyzers
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.

International Class 042:  providing diagnostic services for others in the fields of science and research related thereto; clinical diagnostic services in preparing, amplifying, labeling, detecting, analyzing and sequencing nucleic acids from human beings
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.



The owner's/holder's proposed attorney information: Samantha C. Markley. Other appointed attorneys are all other attorneys of the firm, Loza & Loza, LLP. Samantha C. Markley of LOZA & LOZA, 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
      305 N. Second Ave., #127
      Upland, California 91786
      United States
      858-247-1041(phone)
      858-247-1041(fax)
      samantha-pto@lozaip.com
The docket/reference number is ELEM-205.
Samantha C. Markley 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:

Samantha C. Markley

PRIMARY EMAIL FOR CORRESPONDENCE: samantha-pto@lozaip.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 $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: /Samantha C. Markley/   Date: 06/10/2021
Signatory's Name: Samantha C. Markley
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 858-247-1041
Signature method: Sent to third party for signature
Payment Sale Number: 90770493
Payment Accounting Date: 06/11/2021

Serial Number: 90770493
Internet Transmission Date: Fri Jun 11 22:37:11 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021061122371189
1094-90770493-78046ac522f342a3d6218a0f5d
45d3163258b9767bed3accc8ae38d999587843bd
-CC-37092125-20210610231916952784