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: 88757893

Filing Date: 01/14/2020

To the Commissioner for Trademarks:

MARK: EMPYREAN MEDICAL SYSTEMS (stylized and/or with design, see mark)
The literal element of the mark consists of EMPYREAN MEDICAL SYSTEMS. The applicant is not claiming color as a feature of the mark. The mark consists of the word EMPYREAN with the letter "E" inside a crescent and two solid circles to the left of the crescent, one smaller than the other. The words MEDICAL SYSTEMS appear under the word EMPYREAN.
The applicant, Empyrean Medical Systems, Inc., a corporation of Delaware, having an address of
      18659 Ocean Mist Dr.
      Boca Raton, Florida 33498
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 010:  Radiation therapy devices
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 Gregory A. Nelson. Gregory A. Nelson of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      997 LENOX DRIVE, BUILDING 3
      LAWRENCEVILLE, New Jersey 08648-2311
      United States
      561-804-4407(phone)
      (609) 896-1469(fax)
      ipdocket@foxrothschild.com (authorized).
The attorney docket/reference number is 193348.00005.
Gregory A. Nelson 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:

Gregory A. Nelson

FOX ROTHSCHILD LLP

997 LENOX DRIVE, BUILDING 3

LAWRENCEVILLE, New Jersey 08648-2311

561-804-4407(phone)

(609) 896-1469(fax)

ipdocket@foxrothschild.com; svieau@foxrothschild.com; gnelson@foxrothschild.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 $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: /Kal Fishman/   Date: 01/13/2020
Signatory's Name: Kal Fishman
Signatory's Position: President and CEO
Payment Sale Number: 88757893
Payment Accounting Date: 01/14/2020

Serial Number: 88757893
Internet Transmission Date: Tue Jan 14 09:21:44 EST 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202001140921443
26227-88757893-700ec4150cdcf913c7ef69ff6
574be72671c11e9d4278baa86e7d19c89a1965d8
b-CC-21438625-20200113181719775335