TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87814150

Filing Date: 02/28/2018

To the Commissioner for Trademarks:

MARK: MIRACLE (Standard Characters, see mark)
The literal element of the mark consists of MIRACLE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Ziemer Ophthalmic Systems AG, a aktiengesellschaft legally organized under the laws of Switzerland, having an address of
      Allmendstrasse 11
      2562 Port
      Switzerland

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 044:  Medical services; medical analysis services relating to the management of individuals; health services; medical treatment by means of a surgical procedure as well consulting services relating thereto; medical treatment, namely refractive treatment using a femtosecond surgical laser; medical treatment, namely refractive ablation and corneal grafting; all the services not in connection with plastic surgery
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 Switzerland application number 60855/2017, filed 08/31/2017.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Rebecca E. McDougall of Miles & Stockbridge, P.C.
      Suite 800
      1500 K Street, NW
      Washington, District of Columbia 20005
      United States
      202-465-8397(phone)
      rmcdougall@milesstockbridge.com (authorized)
The attorney docket/reference number is 111536-22991.

The applicant's current Correspondence Information:

Rebecca E. McDougall

Miles & Stockbridge, P.C.

Suite 800       1500 K Street, NW

Washington, District of Columbia 20005

202-465-8397(phone)

rmcdougall@milesstockbridge.com;ipdocketing@milesstockbridge.com; ewortham@milesstockbridge.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 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 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 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 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: /REMcDougall/   Date: 02/28/2018
Signatory's Name: Rebecca E. McDougall
Signatory's Position: Attorney
Payment Sale Number: 87814150
Payment Accounting Date: 02/28/2018

Serial Number: 87814150
Internet Transmission Date: Wed Feb 28 12:01:39 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2018022812013925
3243-87814150-5107af4aebd2525bc6a2861bf9
470ae1ea7b9e8fcf091c71477904124b4ca7ad35
4-DA-11751-20180228113227722082