Combined Sec 71 & 15 Affidavit

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

---

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15

To the Commissioner for Trademarks:

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

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

The owner/holder, Atom Medical Corporation, a corporation of Japan, having an address of
      18-15, Hongo 3-chome
      Bunkyo-ku Tokyo, 113-0033
      Japan
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.

For International Class 010, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and is still 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 class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

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) photograph of product.
Specimen File1
Specimen File2
The registrant's current Attorney Information: Robert C. Faber of  OSTROLENK FABER LLP
      1180 AVENUE OF THE AMERICAS
      7TH FL
      NEW YORK, New York 10036
      United States
The phone number is 212-382-0700. (not authorized)
The docket/reference number is T/3844-75.

The registrant's proposed Attorney Information: Robert C. Faber of  OSTROLENK FABER LLP
      1180 Avenue of the Americas
      NEW YORK, New York 10036
      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. (authorized)
The registrant's current Correspondence Information: ROBERT C. FABER of  OSTROLENK FABER LLP
      1180 AVENUE OF THE AMERICAS
      7TH FL
      NEW YORK, New York 10036
      United States
The phone number is 212-382-0700. (not authorized)
The docket/reference number is T/3844-75.

The registrant's proposed Correspondence Information: ROBERT C. FABER of  OSTROLENK FABER LLP
      1180 Avenue of the Americas
      NEW YORK, New York 10036
      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. (authorized)

A fee payment in the amount of $325 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the holder/owner 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 holder/owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
	The mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all goods/services listed in the existing registration.
	There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to the holder's/owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	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: /robert c. faber/    Date: 10/16/2017
Signatory's Name: Robert C. Faber
Signatory's Position: Attorney for Applicant, Member New York State Bar
Signatory's Phone: 2123820700

Mailing Address (current):
   OSTROLENK FABER LLP
   7TH FL
   NEW YORK, New York 10036

Mailing Address (proposed):
   OSTROLENK FABER LLP
   1180 Avenue of the Americas
   NEW YORK, New York 10036

Serial Number: 79101015
Internet Transmission Date: Mon Oct 16 10:52:43 EDT 2017
TEAS Stamp: USPTO/S71N15-XX.XXX.XXX.X-20171016105243
720308-4097728-5101d1ca28eb5dbf21fd664a6
699089cf229a60404cf7c7d5661d1fbee313ae5b
b-CC-10223-20171016104944367059