Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97294049

Filing Date: 03/03/2022

To the Commissioner for Trademarks:

MARK: SCOPE (Standard Characters, see mark)
The literal element of the mark consists of SCOPE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aber Instruments, Inc., a corporation of Delaware, having an address of
      312 Montgomery Street, Suite 208
      Alexandria, Virginia 22314
      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:  Cell culture monitors; cell culture apparatus and instruments; apparatus and instruments for the measurement of biomass; apparatus and instruments for the monitoring of biomass; monitoring apparatus and instruments; measurement apparatus and instruments; yeast analysers; yeast pitching apparatus; yeast cropping apparatus; viable yeast measurement apparatus; sensors; sensor apparatus; electronic measurement sensors; optical measurement sensors; optical measurement apparatus; parts and fittings for the aforementioned goods; control systems and control panels for the aforementioned goods; computer hardware; computer software; all of the aforementioned for use in bioprocessing industries; all of the aforementioned for monitoring, measuring and/or analysing biomass.
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 United Kingdom application number 3747338, filed 01/25/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 010:  Cell culture monitors, apparatus and instruments for medical use; biomass measurement apparatus and instruments for medical use; biomass monitoring apparatus and instruments for medical use; medical analysis instruments and apparatus; medical testing instruments and apparatus; monitoring equipment for medical use; diagnostic equipment for medical purposes; parts and fittings for the aforesaid goods; all of the aforementioned for use in bioprocessing in the medical sector; all of the aforementioned for monitoring, measuring and/or analysing biomass in the medical sector.
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 United Kingdom application number 3747338, filed 01/25/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Scott W. Johnston. Other appointed attorneys are Andrew S. Ehard, John A. Clifford, Christopher J. Schulte, Brent E. Routman, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Heather J. Kliebenstein, Mark L. Gleason, William D. Schultz, Lindsay M. Jones, Loretta L. Freeman, John P. Olson and all other attorneys at the firm of Merchant & Gould P.C.. Scott W. Johnston of Merchant & Gould P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 2910
      Minneapolis, Minnesota 55402-0910
      United States
      612-332-5300(phone)
      612-332-9081(fax)
      dockmpls@merchantgould.com
The docket/reference number is 07500.714US1.
Scott W. Johnston 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:

Scott W. Johnston

PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): crusso@merchantgould.com; 07500.0714US01.active@ef.merchantgould.com; sjohnston@merchantgould.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 $700 has been submitted with the application, representing payment for 2 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: /SWJ/   Date: 03/03/2022
Signatory's Name: Scott W. Johnston
Signatory's Position: Attorney of Record, Minnesota Bar Member
Signatory's Phone Number: 612-371-5274
Signature method: Sent to third party for signature
Payment Sale Number: 97294049
Payment Accounting Date: 03/03/2022

Serial Number: 97294049
Internet Transmission Date: Thu Mar 03 16:49:12 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2022030316491220
6375-97294049-82020ef5d4a4fe478de89755ea
75443d247063d5b9138ee6b161fdd83352ba-CC-
49114003-20220303154211275469