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)

---

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: SYNCHRONY(Standard Characters, see http://uspto.report/TM/88160676/mark.png)
SERIAL NUMBER: 88160676


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Accuray Incorporated, having an address of
      1310 Chesapeake Terrace
      Sunnyvale, California 94089
      United States
Proposed: Accuray Incorporated, having an address of
      1310 Chesapeake Terrace
      Sunnyvale, California 94089
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer hardware that provides for continuous delivery of radiation treatment to tumors that may move during a treatment session; computer software that provides for continuous delivery of radiation treatment to tumors that may move during a treatment session; computer hardware and computer software that provides for continuous delivery of radiation treatment to tumors that may move during a treatment session, sold as a unit; computer hardware in the nature of cameras, controllers, vests and sensors used in connection with the continuous delivery of radiation treatment to tumors that may move during a treatment session

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 06/14/2004, and first used in commerce at least as early as 06/14/2004, 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) software screenshot; user manual for hardware and software system; online point of sale.
Specimen File1
Specimen File2
Specimen File3


For International Class 010:
Current identification: Medical apparatus that provides continuous delivery of radiation treatment to tumors that may move during a treatment session

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 06/14/2004, and first used in commerce at least as early as 06/14/2004, 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) online point of sale.
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Peter B. Bromaghim. Peter B. Bromaghim of WOMBLE BOND DICKINSON (US) LLP, is located at

      SUITE 700
      12400 WILSHIRE BOULEVARD
      LOS ANGELES, California 90025
      United States
The docket/reference number is 207291.TBD.

The phone number is 424-369-2056.

The email address is tmdocketing@wbd-us.com

The owner's/holder's proposed attorney information: Peter B. Bromaghim. Other appointed attorneys are Melissa G. Ferrario, Anne C. Fleeson, William S. Fultz, Nicholas B. Hawkins, Jack B. Hicks, Jennifer Itzkoff, Sarah Anne Keefe, Laura A. Kees, Emily Scheible Whittaker, 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

      SUITE 700
      12400 WILSHIRE BOULEVARD
      LOS ANGELES, California 90025
      United States
The docket/reference number is 207291.577.1.

The phone number is 424-369-2056.

The email address is tmdocketing@wbd-us.com

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.Correspondence Information (current):
      PETER B. BROMAGHIM
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@wbd-us.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Peter B. Bromaghim
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@wbd-us.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christina.rhodes@wbd-us.com

The docket/reference number is 207291.577.1.

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 $200 will be submitted with the form, representing payment for the allegation of use for 2 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: /PeteBromaghim/      Date Signed: 03/24/2020
Signatory's Name: Peter B. Bromaghim
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 4243692056

Mailing Address:
   WOMBLE BOND DICKINSON (US) LLP
   SUITE 700
   12400 WILSHIRE BOULEVARD
   LOS ANGELES, California 90025

RAM Sale Number: 88160676
RAM Accounting Date: 03/24/2020

Serial Number: 88160676
Internet Transmission Date: Tue Mar 24 13:49:19 ET 2020
TEAS Stamp: USPTO/SOU-XX.XX.X.XXX-202003241349190887
08-88160676-710dba5a948d5257accd39988d86
024ebd631ae6864e28822fe5cadc5d98e34d88-D
A-49184096-20200324131034175483