Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: EMSCULPT NEO(Standard Characters, see http://uspto.report/TM/88768528/mark.png)
SERIAL NUMBER: 88768528


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: BTL INDUSTRIES, having an address of
      8 TZAR KALOYAN STR
      SOFIA, 1000
      Bulgaria
Proposed: BTL INDUSTRIES, having an address of
      8 TZAR KALOYAN STR
      SOFIA, 1000
      Bulgaria
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 010:
Current identification: 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 of sexual dysfunction, gynecological treatment and pelvic floor treatment

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 10/17/2020, and first used in commerce at least as early as 10/17/2020, 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) photograph showing the mark in use on the goods.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For International Class 044:
Current identification: Medical services; medical equipment rental; cosmetic and plastic surgery; beauty salons; liposuction services; medical services, namely, removal of body cellulite

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 10/17/2020, and first used in commerce at least as early as 10/17/2020, 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) screenshot of Applicant's website, showing the mark in use with the services.

Original PDF file:
SPN1-3810042130-202104061 03217006126_._Class_44.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: http://bodybybtl.com/solutions/emsculpt-neo/
Webpage Date of Access: 04/06/2021

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Monica Riva Talley
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtalley@sternekessler.com; djustus@sternekessler.com; alazea@sternekessler.com

The docket/reference number is 5387.0100000.
Correspondence Information (proposed):
      Monica Riva Talley
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtalley@sternekessler.com; djustus@sternekessler.com; alazea@sternekessler.com

The docket/reference number is 5387.0100000.

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: /Dana N. Justus/      Date Signed: 04/06/2021
Signatory's Name: Dana N. Justus
Signatory's Position: Counsel, Sterne, Kessler, Goldstein & Fox P.L.L.C., North Carolina and Washington, DC Bars Member
Signatory's Phone: 2023712600
Signature method: Sent to third party for signature

PAYMENT: 88768528
PAYMENT DATE: 04/06/2021

Serial Number: 88768528
Internet Transmission Date: Tue Apr 06 14:01:28 ET 2021
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20210406140128
163293-88768528-770f770187e8ba05f174e834
8db53e0a118b04fb43dfb66206f4858364317858
18-CC-01243445-20210406131100606955