Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Trademark/Service Mark Application, Principal Register

Serial Number: 97438154

Filing Date: 06/01/2022

To the Commissioner for Trademarks:

MARK: PHYTOSOME (Standard Characters, see mark)
The literal element of the mark consists of PHYTOSOME. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Indena S.p.A., a società per azioni (spa) legally organized under the laws of Italy, having an address of
      Viale Ortles 12
      Milan 20139
      Italy
      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 040:  Custom manufacture of pharmaceuticals by pharmaceutical compounders
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 Italy application number 302022000083888, filed 05/27/2022.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4896742, 5772338, and 5772337.


The owner's/holder's proposed attorney information: Robert S. Broder. Other appointed attorneys are Sara M. Dorchak. Robert S. Broder of Collard & Roe, 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
      1077 Northern Blvd.
      Roslyn, New York 11576
      United States
      516-282-0224(phone)
      5163659805(fax)
      rbroder@collardroe.com
The docket/reference number is 037364.
Robert S. Broder 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 hereby appoints Robert S. Broder of Collard & Roe, P.C.
      1077 Northern Blvd.
      Roslyn New York 11576
      United States
      516-282-0224(phone)
      5163659805(fax)
      rbroder@collardroe.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Robert S. Broder

PRIMARY EMAIL FOR CORRESPONDENCE: rbroder@collardroe.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): law@collardroe.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: /rsb/   Date: 06/01/2022
Signatory's Name: Robert S. Broder
Signatory's Position: Authorized Attorney
Signatory's Phone Number: 516-282-0224
Signature method: Signed directly within the form
Payment Sale Number: 97438154
Payment Accounting Date: 06/01/2022

Serial Number: 97438154
Internet Transmission Date: Wed Jun 01 15:21:52 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20220601152152639
128-97438154-8205b4fe8ac64a2509bd282e273
ab4ef1a41556f6b38d3e73485f8f8b2baa114-CC
-21504633-20220601151736957906