Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90902104

Filing Date: 08/25/2021

To the Commissioner for Trademarks:

MARK: ABBY (Standard Characters, see mark)
The literal element of the mark consists of ABBY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ABB/Con-Cise Optical Group LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      12301 NW 39th Street
      Coral Springs, Florida 33065
      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 009:  downloadable software for the ordering of eyeglasses, lens, contact lenses, eye care products and accessories; downloadable software for healthcare communication between medical and eye care professionals and patients; downloadable point of sale software for doctor office check-outs
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 035:  Online retail and wholesale store services, namely, providing a website for the ordering of eyeglasses, lens, contact lenses, eye care products and accessories; Business services, namely, providing others with administrative and billing services for eyeglasses, lens, contact lenses, eye care products and accessories; Administrative processing of manufacturer's rebates for eyeglasses, lens, contact lenses, eye care products and accessories; business administration of patient reimbursement programs
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:  Platform as a service (PAAS) featuring computer software platforms for the ordering of eyeglasses, lens, contact lenses, eye care products and accessories; Software as a service (SAAS) featuring software for use in healthcare communication between medical and eye care professionals and patients; Software as a service (SAAS) services featuring a database and software for insurance verification in the health care industry; Software as a service (SAAS) services featuring a database and software for insurance claims processing related to eyecare; point of sale software for doctor office check-outs
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 044:  Prescription refill reminder 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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6316050, 6316049, 6449455, and others.


The owner's/holder's proposed attorney information: Peter A. Chiabotti. Other appointed attorneys are Kourtney Mulchaney; Michael K. Dixon, Rachel Rudensky, Mammen P. Zachariah, Jr., Mark Passler. Peter A. Chiabotti of Akerman 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
      Suite 1100 West Tower
      777 South Flagler Drive
      West Palm Beach, Florida 33401
      United States
      561-671-3608(phone)
      ip@akerman.com
The docket/reference number is 11467-62.
Peter A. Chiabotti 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:

Peter A. Chiabotti

PRIMARY EMAIL FOR CORRESPONDENCE: ip@akerman.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 $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: /Michael E. Dell/   Date: 08/25/2021
Signatory's Name: Michael E. Dell
Signatory's Position: General Counsel & Secretary
Signatory's Phone Number: 800-852-8089
Signature method: Sent to third party for signature
Payment Sale Number: 90902104
Payment Accounting Date: 08/25/2021

Serial Number: 90902104
Internet Transmission Date: Wed Aug 25 16:04:27 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2021082516042771
9576-90902104-7812b4c80f17a1a4e4889ff1d2
55459c330c97c1465fe2b57974ba5201c6b49ccb
f-DA-04270846-20210823084306240634