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: 97294173

Filing Date: 03/03/2022

To the Commissioner for Trademarks:

MARK: PENTAVITIN (Standard Characters, see mark)
The literal element of the mark consists of PENTAVITIN. The mark consists of standard characters, without claim to any particular font style, size, or color.
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:  Chemical and biochemical products and preparations for use in (the manufacture of) scalp care products; Chemical and biochemical additives designed for the manufacture of medicinal and non-medicinal products for the cleaning, care, treatment and beautification of the skin, body, face, scalp and hair.

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 018566912, filed 09/28/2021.
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.

Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 018566912, and/or proof of renewal, registered 01/26/2022 with a renewal date of __________ and an expiration date of 09/28/2031, and translation thereof, if appropriate.

Original PDF file:
reg-1485923187-170432934_ ._4662-4346_EU_reg_cert.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 003:  Cosmetic preparations for scalp care; Scalp care products for the prevention of sunburn; Preparations and substances for the conditioning, cleaning, care, treatment and beautification and appearance of the scalp (non-medicated).

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 018566912, filed 09/28/2021.
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.

Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 018566912, and/or proof of renewal, registered 01/26/2022 with a renewal date of __________ and an expiration date of 09/28/2031, and translation thereof, if appropriate.

Original PDF file:
reg-1485923187-170432934_ ._4662-4346_EU_reg_cert.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.


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. Other appointed attorneys are all firm attorneys. Duane M. Byers of Nixon & Vanderhye PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) 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 4662-4346.
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 $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: /dmb/   Date: 03/03/2022
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: 97294173
Payment Accounting Date: 03/03/2022

Serial Number: 97294173
Internet Transmission Date: Thu Mar 03 17:22:38 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2022030317223826
1909-97294173-820f04246b0dacbcfa4771cdda
55e7c37aefd7cdc99e8ac2174a6d90e716df8073
-CC-22364757-20220303170432934036