Statement of Use

CUE

Cue Health Inc.

Trademark/Service Mark Statement of Use

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 1553 (Rev 09/2005)
OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86268161
LAW OFFICE ASSIGNED LAW OFFICE 115
EXTENSION OF USE NO
MARK SECTION
MARK http://uspto.report/TM/86268161/mark.png
LITERAL ELEMENT CUE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
MISCELLANEOUS STATEMENTS SECTION
MISCELLANEOUS STATEMENT On December 15, 2017, Cue Inc., a California corporation, merged with and into Cue Health Inc., a Delaware corporation. Counsel for Applicant submitted the merger documentation for recording with the USPTO on May 2, 2018. Applicant therefore respectfully requests that the application be updated to list Cue Health Inc., a Delaware corporation, as the owner of the mark.
OWNER SECTION (current)
NAME Cue Inc.
STREET 11100 Roselle St., Suite A
CITY San Diego
STATE California
ZIP/POSTAL CODE 92121
COUNTRY United States
OWNER SECTION (proposed)
NAME Cue Health Inc.
STREET 11100 Roselle St., Suite A
CITY San Diego
STATE California
ZIP/POSTAL CODE 92121
COUNTRY United States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 001
CURRENT IDENTIFICATION Diagnostic preparations for scientific or research use; diagnostic agents for scientific or research use; diagnostic substances for scientific or research use; chemical and biological agents, preparations, and substances for analyte detection in specimens for scientific or research use
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 01/00/2017
FIRST USE IN COMMERCE DATE 01/00/2017
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0006.JPG
SPECIMEN DESCRIPTION Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; excerpts from instruction manuals shipped with the goods
INTERNATIONAL CLASS 005
CURRENT IDENTIFICATION Diagnostic preparations for medical purposes; diagnostic agents for medical purposes; diagnostic substances for medical purposes; chemical and biological agents, preparations, and substances for analyte detection in specimens for medical purposes
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 01/00/2017
FIRST USE IN COMMERCE DATE 01/00/2017
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN1-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0011.JPG
SPECIMEN DESCRIPTION Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; excerpts from instruction manuals shipped with the goods
INTERNATIONAL CLASS 009
CURRENT IDENTIFICATION Sample preparation and analysis software for clinical research and medical uses; sample preparation device for clinical research use; sample analysis devices, namely, a cartridge that analyzes biological samples for clinical research use; kits comprised of sample collection devices and sample preparation devices for clinical research use; analyte detection systems for clinical research and medical uses, comprising sample preparation and analysis software and sample preparation and analysis devices, namely, cartridges and sample collectors, sold as a unit; an analyte detection system for clinical research and medical uses, comprising sample preparation and analysis software, sample collection device, a sample preparation device, a sample analysis device, namely, cartridges and sample collectors, sold as a unit
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 01/00/2017
FIRST USE IN COMMERCE DATE 01/00/2017
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN2-20487401-20180520171356462164_._CUE_Class_9_Specimen.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0012.JPG
       ORIGINAL PDF FILE SPN2-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0017.JPG
SPECIMEN DESCRIPTION Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; screen shot of software showing use of the mark; excerpts from instruction manuals shipped with the goods
INTERNATIONAL CLASS 010
CURRENT IDENTIFICATION Sample preparation device for medical diagnostic use; sample analysis device for medical use, namely, a cartridge that analyzes biological samples; kits comprised of sample collection devices and sample preparation devices for medical use
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 01/00/2017
FIRST USE IN COMMERCE DATE 01/00/2017
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN3-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\862\681\86268161\xml10\SOU0022.JPG
SPECIMEN DESCRIPTION Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; excerpts from instruction manuals shipped with the goods
INTERNATIONAL CLASS 044
CURRENT IDENTIFICATION Wellness services, namely, health and medical wellness diagnostic testing, analysis, tracking, and reporting services for others provided via a computer, the Internet, and/or a network of computers; medical testing for diagnostic or treatment purposes, provided via a computer, the Internet, and/or a network of computers; health and wellness testing for lifestyle improvement purposes, provided via a computer, the Internet, and/or a network of computers; medical diagnostic reporting, provided via a computer, the Internet, and/or a network of computers; health and wellness diagnostic reporting, provided via a computer, the Internet, and/or a network of computers; health and medical wellness and medical diagnostic counseling services provided via a computer, the Internet, and/or a network of computers
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 01/00/2017
FIRST USE IN COMMERCE DATE 01/00/2017
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\862\681\86268161\xml10 \SOU0023.JPG
SPECIMEN DESCRIPTION Screenshot from Applicant's website showing use of the mark in association with the services
REQUEST TO DIVIDE NO
PAYMENT SECTION
NUMBER OF CLASSES IN USE 5
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 500
TOTAL AMOUNT 500
SIGNATURE SECTION
DECLARATION SIGNATURE /ayub khattak/
SIGNATORY'S NAME Ayub Khattak
SIGNATORY'S POSITION CEO
DATE SIGNED 05/29/2018
SIGNATORY'S PHONE NUMBER 256-651-1656
FILING INFORMATION
SUBMIT DATE Tue May 29 22:11:50 EDT 2018
TEAS STAMP USPTO/SOU-XX.XX.XXX.XXX-2
0180529221150174008-86268
161-610f6e2d367a4b0673af2
fc93a1c31f83193c93778ebde
f5b712ca5086a4e7-CC-8452-
20180525180925352790



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 1553 (Rev 09/2005)
OMB No. 0651-0054 (Exp 12/31/2020)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:
MARK: CUE(Standard Characters, see http://uspto.report/TM/86268161/mark.png)
SERIAL NUMBER: 86268161



The applicant, Cue Health Inc., having an address of
      11100 Roselle St., Suite A
      San Diego, California 92121
      United States
is submitting the following allegation of use information:

For International Class 001:
Current identification: Diagnostic preparations for scientific or research use; diagnostic agents for scientific or research use; diagnostic substances for scientific or research use; chemical and biological agents, preparations, and substances for analyte detection in specimens for scientific or research use

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2017, and first used in commerce at least as early as 01/00/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; excerpts from instruction manuals shipped with the goods.

Original PDF file:
SPN0-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 005:
Current identification: Diagnostic preparations for medical purposes; diagnostic agents for medical purposes; diagnostic substances for medical purposes; chemical and biological agents, preparations, and substances for analyte detection in specimens for medical purposes

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2017, and first used in commerce at least as early as 01/00/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; excerpts from instruction manuals shipped with the goods.

Original PDF file:
SPN1-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 009:
Current identification: Sample preparation and analysis software for clinical research and medical uses; sample preparation device for clinical research use; sample analysis devices, namely, a cartridge that analyzes biological samples for clinical research use; kits comprised of sample collection devices and sample preparation devices for clinical research use; analyte detection systems for clinical research and medical uses, comprising sample preparation and analysis software and sample preparation and analysis devices, namely, cartridges and sample collectors, sold as a unit; an analyte detection system for clinical research and medical uses, comprising sample preparation and analysis software, sample collection device, a sample preparation device, a sample analysis device, namely, cartridges and sample collectors, sold as a unit

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2017, and first used in commerce at least as early as 01/00/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; screen shot of software showing use of the mark; excerpts from instruction manuals shipped with the goods.

Original PDF file:
SPN2-20487401-20180520171356462164_._CUE_Class_9_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 010:
Current identification: Sample preparation device for medical diagnostic use; sample analysis device for medical use, namely, a cartridge that analyzes biological samples; kits comprised of sample collection devices and sample preparation devices for medical use

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2017, and first used in commerce at least as early as 01/00/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photographs of the goods and their packaging, showing use of the mark on the packaging and on instruction manuals accompanying the goods; excerpts from instruction manuals shipped with the goods.

Original PDF file:
SPN3-20487401-20180525172138234314_._Cue_-_Class_1_5_9_10_Specimens.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 044:
Current identification: Wellness services, namely, health and medical wellness diagnostic testing, analysis, tracking, and reporting services for others provided via a computer, the Internet, and/or a network of computers; medical testing for diagnostic or treatment purposes, provided via a computer, the Internet, and/or a network of computers; health and wellness testing for lifestyle improvement purposes, provided via a computer, the Internet, and/or a network of computers; medical diagnostic reporting, provided via a computer, the Internet, and/or a network of computers; health and wellness diagnostic reporting, provided via a computer, the Internet, and/or a network of computers; health and medical wellness and medical diagnostic counseling services provided via a computer, the Internet, and/or a network of computers

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2017, and first used in commerce at least as early as 01/00/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshot from Applicant's website showing use of the mark in association with the services.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
On December 15, 2017, Cue Inc., a California corporation, merged with and into Cue Health Inc., a Delaware corporation. Counsel for Applicant submitted the merger documentation for recording with the USPTO on May 2, 2018. Applicant therefore respectfully requests that the application be updated to list Cue Health Inc., a Delaware corporation, as the owner of the mark.


A fee payment in the amount of $500 will be submitted with the form, representing payment for the allegation of use for 5 classes.


Declaration


The signatory believes that the applicant is the owner of the mark sought to be registered.
For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified.
For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified.
For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.



Signature: /ayub khattak/      Date Signed: 05/29/2018
Signatory's Name: Ayub Khattak
Signatory's Position: CEO
Signatory's Phone: 256-651-1656

RAM Sale Number: 86268161
RAM Accounting Date: 05/30/2018

Serial Number: 86268161
Internet Transmission Date: Tue May 29 22:11:50 EDT 2018
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2018052922115017
4008-86268161-610f6e2d367a4b0673af2fc93a
1c31f83193c93778ebdef5b712ca5086a4e7-CC-
8452-20180525180925352790



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