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: 97464081

Filing Date: 06/17/2022

To the Commissioner for Trademarks:

MARK: MEDICUBE (stylized and/or with design, see mark)
The literal element of the mark consists of MEDICUBE. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word "medicube" with the design of a cross within an incomplete square border, above and to the right of the word.
The applicant, APR Co., Ltd., a corporation of Korea, South, having an address of
      36F, 300, Olympic-ro, Songa-gu
      Seoul 05551
      Korea, South
      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 003:  Cosmetics; Non-medicated skin care preparations; Skin toners; Beauty serums; Skin lotions; Facial moisturizers; Cosmetic creams; Beauty gels; Massage gels other than for medical purposes; Essential oils; Beauty masks; Gel eye masks; Patches containing non-medicated skin care preparations; Collagen preparations for cosmetic purposes; Ointments for cosmetic use; Cosmetic pads; Impregnated cleaning pads impregnated with cosmetics; Skin cleansers; Foam cleansers for personal use; Non-medicated skin care preparations, namely, peels; Exfoliating scrubs for cosmetic purposes; Skin soap; Cosmetic soaps; Bath soaps; Cleansers for intimate personal hygiene purposes; Pre-moistened cosmetic tissues; Tissues impregnated with a skin cleanser; Cosmetic preparations for baths; Cosmetic preparations for the care of mouth and teeth; Cosmetic preparations for the hair and scalp; Hair care preparations; Hair styling preparations; Depilatory preparations; Hair tonics; Hair shampoos; Hair rinses; Hair conditioners; Hair masks; Hair oils; Hair colouring preparations; Color-removing preparations for hair; Cosmetic hair dressing preparations; Cosmetics for animals
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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 005:  Vitamin and mineral supplements, vitamin preparations, nutritional supplements, dietary supplements, nutraceuticals for use as a dietary supplement, food supplements, health food supplements, infant formula, food for babies, appetite suppressants, medical preparations for slimming purposes, bacterial preparations for medical and veterinary use, milk sugar for medical purposes, collagen for medical purposes, medicated hair care preparations, medicated ointments for treating dermatological conditions, cotton for medical purposes, plasters for medical purposes, first-aid boxes, filled, air deodorizing preparations, disposable sanitizing wipes, teeth filling material, adult diapers
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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 009:  Downloadable computer application software for mobile phones, namely, software for educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Downloadable computer application software for tablet computers, namely, software for educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Downloadable computer software for database management; Downloadable computer software for the collection, editing, organizing, modifying, book marking, transmission, storage, and sharing of data and information; Downloadable computer software for transmitting and broadcasting audio, video, and multimedia contents; Downloadable interactive computer software; Downloadable speech recognition software; Downloadable display management software; Downloadable software for processing images, graphics and text; Downloadable computer application software for use in implementing the internet of things (IoT); Downloadable virtual reality software for educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Downloadable augmented reality software for educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Downloadable multimedia file containing artwork, text, audio, and video relating to the care of skin, hair and scalp; Downloadable electronic gift certificates; Apparatus for recording, transmission, processing and reproduction of sound, images or data; Electric charging cables; Battery charge devices; Wireless chargers; Communication hubs; Computer network hubs, switches and routers; Computer display screens; Touch screens; Data processing apparatus; Speech recognition apparatus; Computers; Tablet computers; Computer peripheral devices; Computer docking stations; Electronic docking stations; Docking cradles for smartphones; Smartphone cradles for battery charging; Cradles for digital or electronic tablets; Stands adapted for mobile phones; Stands adapted for laptops; Stands adapted for tablet computers
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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:  Massaging apparatus; Electric esthetic massage apparatus for household purposes; High frequency electromagnetic therapy apparatus; Electronic stimulation apparatus for skin for physical therapy purposes; Ultrasonic therapy machines and apparatus; Medical apparatus and instruments for use in surgery; Skin moisture analyzers for medical purposes; Medical skin care apparatus; Medical esthetic machine for skin massage; Medical skin enhancement apparatus using lasers; Apparatus for acne treatment; Medical apparatus and instruments for the treatment of skin; Low-frequency skin care apparatus for medical purposes; High-frequency esthetic skin massage apparatus for household purposes; Electrically heated skin massaging apparatus; Diagnostic apparatus for medical purposes for diagnostics of skin; Contraceptive apparatus; Condoms; Gloves for massage; Masks for use by medical personnel; Abdominal pads; Chemically activated cold gel packs for medical purposes; Medical gowns
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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 029:  Processed nuts; Processed kelp; Processed oils and fats for food; Milk; Milk substitutes; Preserved, frozen, dried and cooked fruits and vegetables; Frozen tofu; Frozen beans; Frozen meat; Frozen eggs; Freeze-dried meat; Frozen fish; Tofu; Prepared side dishes consisting primarily of meat, fish, poultry or vegetable; Soups; Pollen prepared as foodstuff; Jellies for food; Meat, fish, poultry and game, not live; Meat, fish, poultry and game preserves; Vegetable extracts for culinary 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.

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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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 035:  Wholesale store services featuring cosmetics; Retail store services featuring cosmetic preparations; Wholesale store services featuring hair care preparations; Retail store services featuring hair care preparations; Wholesale store services featuring vitamins and vitamin preparations; Retail store services featuring vitamins and vitamin preparations; Wholesale store services featuring dietary supplements; Retail store services featuring dietary supplements; Wholesale store services featuring downloadable computer software for the collection, editing, organizing, modifying, book marking, transmission, storage, and sharing of data and information; Retail store services featuring downloadable computer software for the collection, editing, organizing, modifying, book marking, transmission, storage, and sharing of data and information; Wholesale store services featuring battery charge devices; Retail store services featuring battery charge devices; Wholesale store services featuring computer network hubs, switches and routers; Retail store services featuring computer network hubs, switches and routers; Wholesale store services featuring computer display screens; Retail store services featuring computer display screens; Wholesale store services featuring electronic docking stations; Retail store services featuring electronic docking stations; Wholesale store services featuring electric esthetic massage apparatus for household purposes; Retail store services featuring electric esthetic massage apparatus for household purposes; Wholesale store services featuring medical skin care apparatus; Retail store services featuring medical skin care apparatus; Wholesale store services featuring preserved, frozen, dried and cooked fruits and vegetables; Retail store services featuring preserved, frozen, dried and cooked fruits and vegetables; Providing commercial information and advice for consumers in the choice of products and services; Marketing research in the fields of cosmetics, perfumery and beauty products; Updating and maintenance of data in computer databases; Import and export agencies; Administrative processing of purchase orders; Promoting the goods and services by means of operating an on-line comprehensive shopping mall
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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 042:  Platform as a service (PAAS) featuring computer software platforms for educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Software as a service (SAAS) services featuring software for educating consumers about skin, health, and beauty issues, including an app which diagnoses the user's skin type, qualities and conditions, and provides appropriate skin solutions or device usage, and records and manages skin conditions; Development of computer platforms; Development, updating and maintenance of software and database systems; Computer programming services; Cosmetics research; Technical consultancy in relation to research services relating to foods and dietary supplements; Providing on-line non-downloadable software for use in database management; Hosting an internet shopping mall web site for retail of cosmetics
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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 044:  Massages; Hygienic and beauty care; Beauty consultation services; Medical skin care services; Cosmetic skin care services; Skin care salon services; Leasing skin care equipment; Medical services; Medical and pharmaceutical consultation; Providing information in the field of medicine; Dentistry services; Providing medical information in the field of dermatology; Dermatology services; Oriental medical clinics; Psychological consultation; Opticians' services; Veterinary services; Animal breeding; Technical consultation in the fields of feeding and raising fish, shrimp and other farm-raised marine life; Landscape gardening; Wreath making
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 Korea, South application number 40-2022-0110656, filed 06/15/2022.
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: Chester Rothstein. Other appointed attorneys are Daniel S. Ebenstein, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian A. Comack, Max Vern, Holly Pekowsky, Brian Amos, Gary J. Gershik, Darren Haber, Paul Teng, Philip H. Gottfried, Christopher C. Dunham, John P. White, Richard S. Mandaro, Matthieu Hausig, Alan D. Miller, Marion P. Metelski, Keith J. Barkaus, Patrick T. Skacel, Eric M. Eisenberg, Suzue Fujimori, Hajime Sakai, David P. Goldberg, Christopher Lisiewski, Albert J. Boardman, Olivia Harris, Devin Garrity, Lisheng Li, Yangfan Xu, and Roland F. Rivera-Santiago. Chester Rothstein of Amster, Rothstein & Ebenstein 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
      90 Park Avenue
      New York, New York 10016
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 28193-66.
Chester Rothstein 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:

Chester Rothstein

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.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 $2800 has been submitted with the application, representing payment for 8 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: /Chester Rothstein/   Date: 06/17/2022
Signatory's Name: Chester Rothstein
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-336-8000
Signature method: Signed directly within the form
Payment Sale Number: 97464081
Payment Accounting Date: 06/17/2022

Serial Number: 97464081
Internet Transmission Date: Fri Jun 17 15:58:00 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022061715580005
3926-97464081-8201c9c6e5548c6889a8758ebc
b6e4e25d41cd8df171b7b55724c507ffbe6fd53-
CC-57581493-20220617154956939908