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: 97602295

Filing Date: 09/22/2022

To the Commissioner for Trademarks:

MARK: (Applicant supplied file APPLICANT-SUPPLIED FILE (SOUND/MOTION) ) The mark is a sound. The mark consists of a sound. The mark consists of a piano and alto metallophone playing in the key of C. The piano notes are as follows: G5 sixteenth note starting on the & of 1; the second is G4 sixteenth note; the third is D5 eighth note; the fourth is E5 eighth note tied to a half note. The alto metallophone note is C5 dotted half note starting on beat 2.
The applicant, Abbott Laboratories, a corporation of Illinois, having an address of
      100 Abbott Park Road
      Abbott Park, Illinois 60064
      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 029:  Milk and milk-based products

In International Class 029, 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 08/15/2016, and first used in commerce at least as early as 08/15/2016, and is now in use in such commerce. The applicant will submit 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) Display associated with the goods, where a video (which shows an image of the goods and features the sound mark at the end of the video) appears as a point of sale display, adjacent to an "Add To Cart" button allowing a consumer to purchase the goods (available at http://www.amazon.com/Similac-Infant-Formula-Modeled-Non-GMO/dp/B084ZCRG91/ref=sr_1_6?crid=33S3O7U97Q6PH&keywords=similac&qid=1663187573&rdc=1&sprefix=similac%2Caps%2C244&sr=8-6).

Original File:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)
Webpage URL: None Provided
Webpage Date of Access: None Provided



Miscellaneous Statement
Attached is the sheet music for the sound.

Original PDF file:
MIS-4-241907940-202209091 45635049651_._Sonic_Mark_ Sheet_Music.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1


The owner's/holder's proposed attorney information: Jennifer Mikulina. Other appointed attorneys are all attorneys at McDermott, Will and Emery. Jennifer Mikulina of McDermott, Will and Emery, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      444 West Lake Street, Suite 4000
      Chicago, Illinois 60606-0029
      United States
      312-372-2000(phone)
      ipdocketmwe@mwe.com

Jennifer Mikulina 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:

Jennifer Mikulina

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketmwe@mwe.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jmikulina@mwe.com; arubinstein@mwe.com; ipdocketchicago@mwe.com; zbeal@mwe.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: /Anamaria E. Cashman/   Date: 09/22/2022
Signatory's Name: Anamaria Cashman
Signatory's Position: Attorney of record
Signatory's Phone Number: 8479702119
Signature method: Sent to third party for signature
Payment Sale Number: 97602295
Payment Accounting Date: 09/22/2022

Serial Number: 97602295
Internet Transmission Date: Thu Sep 22 12:45:08 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20220922124508732
363-97602295-8202328e3ca374af51477b2267a
0485f1ddb1a8e14746a5559e7aa799ba28723ec-
DA-45084023-20220914164055774573