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: 97553026

Filing Date: 08/17/2022

To the Commissioner for Trademarks:

MARK: BIOBRAE FARMALABS (Standard Characters, see mark)
The literal element of the mark consists of BIOBRAE FARMALABS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BURNBRAE FARMS LIMITED, a corporation of Canada, having an address of
      R.R. #1
      Lyn, ON K0E1M0
      Canada
      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 005:  Animal feed additives; calcium supplements; dietary supplements for general health and well-being; feed additives for veterinary preparations; nutritional supplements for animal feed; nutritional supplements for general health and well-being; pharmaceutical preparations for the prevention of osteoporosis; animal feed supplements; nutritional supplements to treat joint pain; calcium derived from eggshells used as a dietary supplement; calcium derived from eggshells for use as an ingredient in dietary supplements and nutraceuticals; eggshell membrane derivatives used as a dietary supplement; eggshell membrane derivatives for use as an ingredient in dietary supplements and nutraceuticals; collagen, glucosamine, chondroitin, hyaluronic acid, and calcium derived from eggshells and eggshell membranes used as a dietary supplement, and for use as ingredients in dietary supplements and nutraceuticals, for human use and for veterinary use; collagen, glucosamine, chondroitin, hyaluronic acid, and calcium derived from eggshells and eggshell membranes used as an ingredient in cosmetics; eggshell membrane derivatives for use as an ingredient in cosmetics; dietary supplements for joint, bone, coat and skin health in household pets; calcium derived from eggshells used as a dietary supplement for cats and dogs, and for use as an ingredient in dietary supplements for cats and dogs; eggshell membrane derivatives used as a dietary supplement for cats and dogs, and for use as an ingredient in dietary supplements for cats and dogs
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 Canada application number 2168083, filed 02/22/2022.
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:  Retail services for dietary supplements; wholesale services for dietary supplements; retail services for animal feed additives; wholesale services for ingredients for use in dietary supplements; wholesale services for animal feed additives; wholesale services for ingredients for use in dietary supplements for domestic pets
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 Canada application number 2168083, filed 02/22/2022.
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:  Clinical trials; conducting interventional clinical studies; conducting observational clinical studies; cosmetic research services; laboratory research in the field of cosmetics; laboratory research in the field of nutraceuticals; nutraceutical and dietary supplement research services; testing and research of dietary supplements and cosmetics; providing scientific research information in the field of nutraceuticals, dietary supplements and clinical trials; testing and research of dietary supplements for cats and dogs and animal feed additives; providing scientific research information in the field of dietary supplements for cats and dogs and animal feed additives
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 Canada application number 2168083, filed 02/22/2022.
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: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
      904-247-2620(phone)
      2022801177(fax)
      eastdocket@holleymenker.com
The docket/reference number is 3334.0009.
James R Menker 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:

James R Menker

PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.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 $1050 has been submitted with the application, representing payment for 3 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: /jmenker/   Date: 08/17/2022
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 904-247-2620
Signature method: Signed directly within the form
Payment Sale Number: 97553026
Payment Accounting Date: 08/17/2022

Serial Number: 97553026
Internet Transmission Date: Wed Aug 17 18:34:40 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20220817183440344105-97553026-8
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