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)

---

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: 88639660

Filing Date: 10/02/2019

To the Commissioner for Trademarks:

MARK: ONCOTYPE DXX (Standard Characters, see mark)
The literal element of the mark consists of ONCOTYPE DXX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Genomic Health, Inc., a corporation of Delaware, having an address of
      301 Penobscot Drive
      Redwood City, California 94063
      United States

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 001:  assays for testing tissue samples and bodily fluids for use in cancer detection, analysis and prognosis; diagnostic assays for testing tissue samples and bodily fluids for use in cancer detection, analysis and prognosis; clinical diagnostic reagents; reagents for scientific or medical research use, namely, reagents for use in preparation of RNA samples; kits consisting primarily of enzymes for scientific and research purposes, nucleic acids, buffers, reagents and assays for use in disease testing; diagnostic kits comprised primarily of diagnostic reagents for clinical or medical laboratory use and diagnostic assays for testing tissue samples and bodily fluids for use in cancer detection, analysis and prognosis; diagnostic kits comprised primarily of enzymes for scientific and research purposes, nucleic acids, buffers, reagents and assays for use in disease testing
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.

International Class 005:  Diagnostic kits comprised of medical diagnostic reagents and diagnostic assays for testing tissue samples and bodily fluids for use in cancer detection, analysis and prognosis; medical reagents; medical diagnostic reagents; clinical diagnostic reagents; kits for medical purposes consisting primarily of enzymes, nucleic acids, buffers, reagents and assays for use in disease testing and classification; diagnostic kits consisting primarily of enzymes for medical purposes, nucleic acids, buffers, reagents and assays for use in disease testing and classification; medical diagnostic assays for testing of bodily fluids and tissue samples for use in disease detection and testing for medical and prognostic purposes; medical diagnostic reagents and assays for testing bodily fluids and tissue samples for use in disease testing and classification; enzyme preparations for medical purposes; biological preparations for the detection, diagnosis and monitoring of cancer; preparations for detecting genetic predispositions for medical purposes; biological preparations for use in the diagnosis, analysis and prognosis of cancer; diagnostic agents, preparations and substances for medical purposes
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.

International Class 042:  Providing laboratory research services in the field of gene expression, namely, cancer biology; Providing medical testing services and information in the field of cancer research and disease classification
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.

International Class 044:  Medical testing for diagnostic and prognostic purposes in the field of cancer and disease classification; providing medical information to medical professionals in the form of reports in the field of cancer and disease classification
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.



The applicant hereby appoints Margaret McHugh. Margaret McHugh of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Two Embarcadero Center, Suite 1900
      San Francisco, California 94111
      United States
      415-273-0200(phone)
      415-576-0300(fax)
      tmadmin@Kilpatricktownsend.com (authorized).
The attorney docket/reference number is 1159891.
Margaret McHugh 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.

The applicant's current Correspondence Information:

Margaret McHugh

KILPATRICK TOWNSEND & STOCKTON LLP

Mailstop IP Docketing-22       1100 Peachtree Street NE, Suite 2800

Atlanta, Georgia 30309

415-273-0200(phone)

415-576-0300(fax)

tmadmin@Kilpatricktownsend.com; vcordial@kilpatricktownsend.com; MMchugh@kilpatricktownsend.com; PCheng@kilpatricktownsend.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $1100 has been submitted with the application, representing payment for 4 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: /Jennifer Duke/   Date: 10/02/2019
Signatory's Name: Jennifer Duke
Signatory's Position: Lead Counsel - Intellectual Property
Payment Sale Number: 88639660
Payment Accounting Date: 10/02/2019

Serial Number: 88639660
Internet Transmission Date: Wed Oct 02 17:04:35 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201910021704353
47249-88639660-610b78635623cd3576ce9f322
1f1125e999bde115ab13a2eb399dcfebfd2c97e7
1-CC-04341877-20191001175650843301