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: 97564180

Filing Date: 08/25/2022

To the Commissioner for Trademarks:

MARK: CAPC (Standard Characters, see mark)
The literal element of the mark consists of CAPC. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Phoreus Biotechnology, Inc., a corporation of Kansas, having an address of
      22201 W. Innovation Drive
      Olathe, Kansas 66061
      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:

International Class 001:  Chemical, biological, and diagnostic reagents and preparations for scientific, medical and veterinary research use; Biological preparations, other than for medical use, namely, for use in biotechnological product development, manufacture of vaccines, drugs and medicines; Biochemical reagents in the form of peptide capsules, microspheres, or nanospheres used for non-medical purposes; Fertilizers for agricultural use; Fertilizers in the form of peptide capsules, microspheres, or nanospheres used as vehicles to deliver active substances in the nature of horticultural preparations, plant nutrients, and soil amendments

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/26/2019, and first used in commerce at least as early as 04/18/2022, 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) Image from the applicant showing use of the mark in connection with the goods.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-2322816629-202208181 02725558386_._Class_1_198 5458-1.PDF
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.phoreusbiotech.com/technology/capc/
Webpage Date of Access: 08/18/2022

International Class 005:  Preparations and substances for facilitating delivery of active substances, namely, a drug delivery agent in the form of peptide capsules, microspheres, or nanospheres for delivering nucleic acids, proteins, enzymes, small molecules, therapeutic drugs, organic compounds, plasmids, dyes, nutrients, minerals, colloidal metal, pesticides, insecticides, parasiticides, and fungicides to cells; Peptides for drug delivery, namely, drug delivery agents consisting of peptide capsules, microspheres, or nanospheres containing or attached to active substances that facilitate delivery of a wide variety of pharmaceutical or veterinary preparations; Carriers in the form of peptide capsules, microspheres, or nanospheres used as vehicles to deliver active substances in the nature of pharmaceutical or veterinary preparations; Diagnostic agents for medical or veterinary purposes, namely, diagnostic agents in the form of peptide capsules, microspheres, or nanospheres containing or attached to imaging agents for medical or veterinary purposes; Peptide-based preparations for destroying vermin; Fungicides; Herbicides; Imaging agents in the form of peptide capsules, microspheres, or nanospheres for medical and veterinary diagnostic purposes, namely, contrasting agents for ultrasound or near-infrared diagnostic imaging, diagnostic radiopharmaceutical agent for use in PET imaging, imaging agents for magnetic resonance imaging (MRI), radiopharmaceutical imaging agents for diagnosing and monitoring cancer

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/26/2019, and first used in commerce at least as early as 04/18/2022, 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) Image from the applicant showing use of the mark in connection with the goods.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-2322816629-202208181 02725558386_._Class_5_198 5459-1.PDF
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



The owner's/holder's proposed attorney information: Crissa A. Cook. Other appointed attorneys are BARBIERI, C. Blair, BORNMAN, Tracy L., BROWN, Scott R., BURBACH, Cheryl L., DANTZLER, Denise E., COLOMBO, Andrew G., GANGEL, Todd A., HERMAN, Joan O., HUGGINS, Stephen J., HURD, Michael B., KELLY, Kameron D., KYLE, Chad A., LUEBBERING, Thomas B., MCCOLLUM, Darin L., MENDENHALL, Kyle J., SCHAD, Dane A., SCHMIDT, Chandler E., SCHWARTZ, Randall W., SKOCH, Gregory J., SMITH-MISEMER, Dianne M., WALKER, Paul J., WALTERS, Matthew B.. Crissa A. Cook of Hovey Williams 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
      10801 Mastin Blvd., Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.cook@hoveywilliams.com
The docket/reference number is 57738-US.
Crissa A. Cook 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:

Crissa A. Cook

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.cook@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bgoodman@hoveywilliams.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 $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: /Randall Tosh/   Date: 08/25/2022
Signatory's Name: Randall Tosh
Signatory's Position: Chief Operating Officer
Signatory's Phone Number: 9133077364
Signature method: Sent to third party for signature
Payment Sale Number: 97564180
Payment Accounting Date: 08/25/2022

Serial Number: 97564180
Internet Transmission Date: Thu Aug 25 11:43:05 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022082511430602
7835-97564180-820918667ac2d6a8c97f2ac1f5
8d31cce8ffa32e47f592c474909e9de663ec6c8-
DA-43054688-20220825110711368942