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)

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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 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: COGNIVUE CLARITY(Standard Characters, see http://uspto.report/TM/88423203/mark.png)
SERIAL NUMBER: 88423203


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: COGNIVUE, INC., having an address of
      7911 Rae Blvd.
      Victor, New York 14564
      United States
Proposed: COGNIVUE, INC., having an address of
      7911 Rae Blvd.
      Victor, New York 14564
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer hardware and recorded software for administering cognitive testing to an individual

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 03/02/2020, and first used in commerce at least as early as 03/02/2020, 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) screen shot from web page.
Specimen File1


For International Class 044:
Current identification: Medical testing for diagnostic or treatment 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 03/02/2020, and first used in commerce at least as early as 03/02/2020, 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) screen shot from web page.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Katherine H. McGuire, Esq.. Katherine H. McGuire, Esq. of WOODS OVIATT GILMAN LLP, is located at

      700 CROSSROADS BUILDING
      2 STATE STREET
      ROCHESTER, New York 14614
      United States
The docket/reference number is CO888.113804.

The phone number is 585-987-2800.

The fax number is 585-454-3968.

The email address is trademarks@woodsoviatt.com

The owner's/holder's proposed attorney information: Katherine H. McGuire, Esq.. Katherine H. McGuire, Esq. of WOODS OVIATT GILMAN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1900 Bausch & Lomb Place
      ROCHESTER, New York 14604
      United States
The docket/reference number is CO888.113804.

The phone number is 585-987-2800.

The fax number is 585-454-3968.

The email address is trademarks@woodsoviatt.com

Katherine H. McGuire, Esq. 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):
      KATHERINE H. MCGUIRE, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@woodsoviatt.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is CO888.113804.
Correspondence Information (proposed):
      Katherine H. McGuire, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@woodsoviatt.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is CO888.113804.

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: /Katherine H. McGuire/      Date Signed: 04/24/2020
Signatory's Name: Katherine H. McGuire, Esq.
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone: 585-987-2800

Mailing Address:
   WOODS OVIATT GILMAN LLP
   
   1900 Bausch & Lomb Place
   ROCHESTER, New York 14604

RAM Sale Number: 88423203
RAM Accounting Date: 04/24/2020

Serial Number: 88423203
Internet Transmission Date: Fri Apr 24 16:21:51 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20200424162151
797962-88423203-710e094092ac81754c1e4f20
658c6e522a4130463d31236d72d3a7283966eb1-
DA-21517700-20200424161838501393