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: 88768528

Filing Date: 01/22/2020

To the Commissioner for Trademarks:

MARK: EMSCULPT NEO (Standard Characters, see mark)
The literal element of the mark consists of EMSCULPT NEO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BTL Industries, Inc., a corporation of Delaware, having an address of
      362 Elm Street
      Marlborough, Massachusetts 01752
      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 010:  Medical apparatus and instruments for the treatment of cellulite; medical apparatus and instruments for body toning and body shaping; medical apparatus and instruments for the removal of fat, circumference reduction, tightening of skin, reduction of wrinkles, reduction of scars, reduction of stretch marks, rejuvenation of skin, and treatment of pigmentation spots; medical apparatus and instruments for aesthetic skin treatment procedures; medical apparatus generating electromagnetic, magnetic, electrical, mechanical or thermal energy for use in skin treatment procedures; medical apparatus particularly apparatus for pain management, elimination of muscle spasms; gynecological and urological apparatus and instruments, namely, for genital rejuvenation, treatment sexual dysfunction, gynecological treatment and pelvic floor treatment
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 services; medical equipment rental; cosmetic and plastic surgery; beauty salons; liposuction services; removal of body cellulite
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 Monica Riva Talley. Other appointed attorneys are Tracy-Gene G. Durkin; Dana N. Justus; Lauriel F. Dalier; Shana L. Olson; Ivy Clarice Estoesta. Monica Riva Talley of Sterne, Kessler, Goldstein & Fox P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1100 New York Avenue, NW
      Washington, District of Columbia 20005
      United States
      202-371-2600(phone)
      202-371-2540(fax)
      tm@sternekessler.com (authorized).
The attorney docket/reference number is 5387.0100000.
Monica Riva Talley 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:

Monica Riva Talley

Sterne, Kessler, Goldstein & Fox P.L.L.C.

1100 New York Avenue, NW

Washington, District of Columbia 20005

202-371-2600(phone)

202-371-2540(fax)

tm@sternekessler.com; mtalley@sternekessler.com; djustus@sternekessler.com; alazea@sternekessler.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 $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: /Monica Riva Talley/   Date: 01/21/2020
Signatory's Name: Monica Riva Talley
Signatory's Position: Attorney of Record, Member of Virginia and Washington, DC Bars
Payment Sale Number: 88768528
Payment Accounting Date: 01/22/2020

Serial Number: 88768528
Internet Transmission Date: Wed Jan 22 09:18:01 EST 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202001220918012
07059-88768528-700d87aaaa43344bbd7bbfc85
7cf9086253c92e217e1604b639f21ab7045e89e8
c-CC-18009196-20200121095138604768