Section 71 Request

PTO- 1663

Approved for use through 04/30/2022. OMB 0651-0051

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- 1663

Approved for use through 04/30/2022. OMB 0651-0051

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

Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4097728
REGISTRATION DATE: 02/14/2012

MARK: (Stylized and/or with Design, DUAL INCU I (see, mark))

Current: The owner/holder, Atom Medical Corporation, a corporation of Japan, having an address of
      Bunkyo-ku Tokyo 113-0033 18-15, Hongo 3-chome
       ,
      Japan

Proposed: The owner/holder, Atom Medical Corporation, a corporation of Japan, having an address of
      Bunkyo Green Court Center Office 18F
      2-28-8, Honkomagome, Bunkyo-ku
      Tokyo, 113-0021
      Japan
      XXXX
is filing a Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71.

For International Class 010, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) photographs of product showing mark applied thereon.
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided
The owner's/holder's current attorney information: Robert C. Faber. Robert C. Faber of OSTROLENK FABER LLP, is located at

      8th Floor
      845 Third Avenue
      New York, New York 10022
      United States
The docket/reference number is T/3844-75.

The phone number is 2123820700.

The fax number is 2123820888.

The email address is tm@ostrolenk.com

The owner's/holder's proposed attorney information: Sean P. McMahon. Other appointed attorneys are Stephanie Kaye Hilpipre. Recognized Canadian attorney(s)/agent(s) is/are Stephanie Kaye Hilpipre. Sean P. McMahon of Sean P. McMahon, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      209 Garth Road 1I
      Scarsdale, New York 10583
      United States
The docket/reference number is T131-US0033.

The phone number is 914-844-3796.

The email address is sean@mcmahonpllc.com

Sean P. McMahon 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 current domestic representative's information: Robert C. Faber. 

The phone number is 212-382-0700.

The proposed domestic representative's information: Sean P. McMahon. Sean P. McMahon of Sean P. McMahon, PLLC, is appointed as owner's/holder's representative upon whom notice or process in the proceedings affecting the mark may be served. Sean P. McMahon is located at

      209 Garth Road 1I
      Scarsdale, New York 10583
      United States

The phone number is 914-844-3796.

The email address is sean@mcmahonpllc.com
Correspondence Information (current):
      ROBERT C. FABER
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@ostrolenk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is T/3844-75.
Correspondence Information (proposed):
      Sean P. McMahon
      PRIMARY EMAIL FOR CORRESPONDENCE: sean@mcmahonpllc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): stephanie@mcmahonpllc.com

The docket/reference number is T131-US0033.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the 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 $225 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner/holder has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s).
	Unless the owner/holder has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
	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 this submission and the registration, 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.

Signature: /SPM/    Date: 12/29/2021
Signatory's Name: Sean P. McMahon
Signatory's Position: Attorney for Registrant
Signatory's Phone: 914-844-3796
Signature method: Signed directly within the form


Mailing Address (current):
   OSTROLENK FABER LLP
   845 Third Avenue
   New York, New York 10022

Mailing Address (proposed):
   Sean P. McMahon, PLLC
   209 Garth Road 1I
   Scarsdale, New York 10583

Serial Number: 79101015
Internet Transmission Date: Wed Dec 29 23:29:18 ET 2021
TEAS Stamp: USPTO/SECT71-XX.XXX.X.XX-202112292329188
58927-4097728-8007ff054f4b0ddf6981654312
c65b2fdaabc0ee9d4d1479ee3e40be4e6ff8ecb4
-CC-29150507-20211229232232565793