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: 97666864

Filing Date: 11/07/2022

To the Commissioner for Trademarks:

MARK: PKU EXPRESS PLUS+ VITAFLO (stylized and/or with design, see mark)
The literal element of the mark consists of PKU EXPRESS PLUS+ VITAFLO. The applicant is not claiming color as a feature of the mark. The mark consists of a rectangle containing the words "PKU" "EXPRESS PLUS" and the "+" symbol all within a large circle towards the top of the rectangle, where the letters "PKU" are within a smaller circle, with a flipped up edge on the lower left side, inside of the larger circle. Above and below the large circle are various sized bubbles that are oriented to appear to be floating up. Below the bubbles is a half circle with a circle inside of the half circle and the word VITAFLO in the center of the circle broken at the letter "I" and the letter "O" of VITAFLO and the letter "V" is outside of the circle to the left.
The applicant, Société des Produits Nestlé S.A., a société anonyme (sa) legally organized under the laws of Switzerland, having an address of
      CASE POSTALE 353
      Vevey 1800
      Switzerland
      XXXXand a domicile address of       XXXX
      XXXX XXXX
      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:  Food for infants for medical purposes; nutritional supplements for medicinal or nutritional purposes; nutritional supplements for medical purposes; dietetic preparations adapted for medical purposes; dietary food supplements for medical purposes; dietetic foods adapted for medical purposes; dietary supplements for babies and invalids; dietetic beverages adapted for medical purposes; nutritionally fortified beverages for medical purposes; dietary supplements for people with special dietary needs; mineral dietary supplements for humans; protein supplements for people who suffer from disorders of the digestive system and for the management of metabolic disorders.
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.



Disclaimer
No claim is made to the exclusive right to use PKU apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4105761, 4235971, and 4152843.


The owner's/holder's proposed attorney information: Catherine C. Miller. Other appointed attorneys are All other attorneys of Holland & Hart LLP. Catherine C. Miller of Holland & Hart 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
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com
The docket/reference number is 82145.tbd.
Catherine C. Miller 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 hereby appoints Catherine C. Miller of Holland & Hart LLP
      P.O. Box 8749
      Attn: Trademark Docketing
      Denver Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Catherine C. Miller

PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ccmiller@hollandhart.com; aanderson@hollandhart.com; ljheld@hollandhart.com; emartin@hollandhart.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: /Catherine C. Miller/   Date: 11/07/2022
Signatory's Name: Catherine C. Miller
Signatory's Position: Attorney for Applicant, Colorado bar member
Signatory's Phone Number: 303-245-2092
Signature method: Signed directly within the form
Payment Sale Number: 97666864
Payment Accounting Date: 11/07/2022

Serial Number: 97666864
Internet Transmission Date: Mon Nov 07 21:40:02 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022110721400318
2228-97666864-820d1c0e79bef8a4d24b894b47
8939ef8c9ec967dab972e111f8b8526f308273e9
-DA-40021752-20221107212902898643