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: 97858898

Filing Date: 03/27/2023

To the Commissioner for Trademarks:

MARK: INCONTROL (stylized and/or with design, see mark)
The literal element of the mark consists of INCONTROL. The color(s) orange and blue is/are claimed as a feature of the mark. The mark consists of the term "incontrol," in which the portion "in" appears in the color orange and the portion "control" appears in the color blue, with a curved line drawing in blue behind, and an orange circle centered above.
The applicant, Incontrol Beheer B.V., a besloten vennootschap (b.v.) legally organized under the laws of Netherlands, having an address of
      Jaap Bijzerweg 21 a
      Woerden 3446CR
      Netherlands
      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 009:  UPI software (universal peripheral interface software) and UPI software platforms (universal peripheral interface software platforms); industrial automation software and industrial automation software platforms; software and software platforms for interfaces; system support software and system support software platforms; software for software testing and software platforms for software testing; simulation software and simulation software platforms; simulation equipment; simulation software for training purposes and simulation software platforms for training purposes; virtual reality software for simulation purposes and virtual reality software platforms for simulation purposes; augmented reality software for simulations and augmented reality software platforms for simulations; software for security and software platforms for security; crowd management software and crowd management software platforms
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 Netherlands application number 18804355, filed 12/02/2022.
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:  Software research; software consultancy; software programming; software integration; development, programming and implementation of software; quality control in connection with software; Computer programming (Technical consultancy relating to -); advisory and consultancy services relating to computer and video game software; consultancy in the field of computer hardware design; Advice relating to software; Programs for the simulation of experiments or series of experiments in a virtual optical laboratory (Development of -); designing, developing, upgrading, installing and maintaining software for crowd management and logistics
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 Netherlands application number 18804355, filed 12/02/2022.
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: Peter B. Bromaghim. Other appointed attorneys are Julianne Abelman, Carla H. Clements, Lori B. Cohen, Anthony A. Coppola, Melissa G. Ferrario, Anne C. Fleeson, William S. Fultz, Michael E. Hall, Erica R. Halstead, Nicholas B. Hawkins, Jack B. Hicks, Sarah Anne Keefe, Laura A. Kees, Marie Anne Mastrovito, Kelli A. Ovies, Randel S. Springer, Michael A. Tobin, Jeffrey S. Whittle. Peter B. Bromaghim of Womble Bond Dickinson (US) 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
      12400 Wilshire Boulevard, Suite 1120
      Los Angeles, California 90025
      United States
      424-369-2056(phone)
      tmdocketing@wbd-us.com
The docket/reference number is 9791.T023.
Peter B. Bromaghim 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 Peter B. Bromaghim of Womble Bond Dickinson (US) LLP
      12400 Wilshire Boulevard, Suite 1120
      Los Angeles California 90025
      United States
      424-369-2056(phone)
      tmdocketing@wbd-us.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:

Peter B. Bromaghim

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@wbd-us.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mary.dougherty@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 $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: /PeteBromaghim/   Date: 03/27/2023
Signatory's Name: Peter B. Bromaghim
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 424-369-2056
Signature method: Sent to third party for signature
Payment Sale Number: 97858898
Payment Accounting Date: 03/27/2023

Serial Number: 97858898
Internet Transmission Date: Mon Mar 27 15:38:49 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2023032715384957
3982-97858898-860805618eed4fef0aba411be6
5aafebd5de61ce341bb6ba97a7afaa2cc5a035-D
A-38496425-20230327151142679452