TEAS Plus New 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

TEAS Plus Application

Serial Number: 97544654

Filing Date: 08/11/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) white, black, blue, light green, dark green, light yellow, dark yellow is/are claimed as a feature of the mark. The mark consists of trade dress applied to one side of three-dimensional product packaging. The product packaging consists of a dark green horizontal line at the top, below which are four curved bands in white, light green, dark green, and blue, respectively. The white band is formed by straight lines on the top and sides and a curved line on the bottom. The light green and dark green bands are formed by straight lines on the sides and curved lines on the tops and bottoms. The blue band is formed by straight lines on the bottom and sides and a curved line on the top. The left portion of the mark contains two concentric circles, with the outer circle being light yellow with a black outer border and the inner circle being dark yellow. The dotted outline of the packaging is intended to show the position of the mark and is not part of the mark.
The applicant, Bausch & Lomb Incorporated, a corporation of New York, having an address of
      1400 N. Goodman Street
      Rochester, New York 14609
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Vitamin and mineral supplements

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 11/30/2017, and first used in commerce at least as early as 11/30/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) images and webpage screenshot showing use of the mark on the product.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-41414241-20220810133 007580328_._Rite_Aid_spec imen.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.riteaid.com/shop/preservision-areds-2-formula-eye-vitamin-soft-gels-60-count-0367410
Webpage Date of Access: 08/10/2022




The owner's/holder's proposed attorney information: Nancy L. Rowe. Other appointed attorneys are William S. Fultz, Kelli A. Ovies. Nancy L. Rowe of Bausch + Lomb, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      400 Somerset Corp. Blvd.
      Bridgewater, New Jersey 08807
      United States
      908-927-0608(phone)
      Trademarks@bausch.com

Nancy L. Rowe 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:

Nancy L. Rowe

PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@bausch.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Nancy.Rowe@bausch.com; Holly.Smith@bausch.com; evan.fultz@wbd-us.com; alice.rogers@wbd-us.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 $250 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: /Nancy L. Rowe/   Date: 08/11/2022
Signatory's Name: Nancy L. Rowe
Signatory's Position: Attorney of record, NJ Bar member
Signatory's Phone Number: 908-927-0608
Signature method: Sent to third party for signature
Payment Sale Number: 97544654
Payment Accounting Date: 08/11/2022

Serial Number: 97544654
Internet Transmission Date: Thu Aug 11 14:04:53 ET 2022
TEAS Stamp: USPTO/FTK-X.XX.XXX.XX-202208111404538989
96-97544654-8201d8a6321231813f727da2fb20
5dff429d6b9e6bf819edcc8e5454418c9ac051-D
A-04532779-20220811105054464404