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: 88447672

Filing Date: 05/27/2019

To the Commissioner for Trademarks:

MARK: diMentis (stylized and/or with design, see mark)

The literal element of the mark consists of diMentis.
The color(s) blue is/are claimed as a feature of the mark. The mark consists of a stylized circle empty at its center having blue stripes after which is the word 'diaMentis'.
The applicant, Diamentis, Inc., a corporation of Canada, having an address of
      700-2828 boulevard Laurier
      Quebec G1V0B9
      Canada

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 009:  Software for collecting, aggregating, processing and analyzing health-related data from ERG (Electroretinogram); Software as a Medical Device (SaMD) used as a diagnostic tool for better management and evaluation of patients with mental disorders
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 Canada application number 1932602, filed 11/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 044:  Medical clinic services; Medical consultations; Medical counseling; Medical diagnostic testing, monitoring and reporting services; Medical clinic providing evaluations and solutions in the field of mental health; Mental health therapy services
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 Canada application number 1932602, filed 11/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The applicant's current Attorney Information:
      Woodrow Pollack of Shutts & Bowen      4301 W Boy Scout Blvd, Suite 300
      Tampa, Florida 33607
      United States
      813-463-4894(phone)
      wpollack@shutts.com (authorized)

The applicant's current Correspondence Information:

Woodrow Pollack

Shutts & Bowen

4301 W Boy Scout Blvd, Suite 300

Tampa, Florida 33607

813-463-4894(phone)

wpollack@shutts.com;kchambers@shutts.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 $550 has been submitted with the application, representing payment for 2 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: /Woodrow Pollack/   Date: 05/27/2019
Signatory's Name: Woodrow Pollack
Signatory's Position: Attorney of record, Florida bar member
Payment Sale Number: 88447672
Payment Accounting Date: 05/28/2019

Serial Number: 88447672
Internet Transmission Date: Mon May 27 16:16:49 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019052716164983
4620-88447672-620f8c52f3b8e65cfaca779022
207d8381db9493877e95e78b287d77a1bb619b0-
CC-15055-20190527160919753205