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: 88812854

Filing Date: 02/27/020

To the Commissioner for Trademarks:

MARK: CANARY (Standard Characters, see mark)
The literal element of the mark consists of CANARY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Canary Health Technologies, Inc., a corporation of Delaware, having an address of
      1 Yonge Street, Suite 1801
      Toronto, Ontario M5E1W7
      Canada
      info@canaryhealthtech.com

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:  Downloadable computer software for hand-held computing devices, namely software to control collection of medical samples and to perform analysis of medical samples; Downloadable computer software for use in collecting and analyzing medical samples for use in connection with and as part of medical apparatus and instruments; Downloadable computer software for medical purposes for use in diagnosing diseases

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/00/2019, and first used in commerce at least as early as 11/00/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screen capture of the Applicant's software featuring the mark.
Specimen File1

International Class 010:  Medical devices for detection of cancer; medical devices for detection of infectious disease; Diagnostic apparatus for medical purposes for the quantification of allergies, the detection of cancer and immunological disease or disorder; medical apparatus, namely, breath gas analyzers for medical diagnostics; medical devices used for the collection, recording, concentration and analysis of volatile organic compounds in human breath; testing apparatus for medical purposes, namely, breath detectors for use to detect disease biomarkers; detectors for medical purposes; sensors for medical purposes, namely, respiratory sensors; medical products, namely, biofeedback sensors; breath gas analyzers for medical diagnostics; medical devices for use in indicating dosing of medication and medication use patterns

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/00/2019, and first used in commerce at least as early as 11/00/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photograph of the Applicant's product featuring the mark.
Specimen File1

International Class 042:  Providing on-line non-downloadable computer software for use in detecting cancer and infectious disease; Providing on-line non-downloadable computer software for use in computer data storage and interpretation of data; scientific laboratory testing services of disease biomarkers within gas samples

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/00/2019, and first used in commerce at least as early as 11/00/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screen capture of the Applicant's software login page featuring the mark.
Specimen File1



The owner's/holder's proposed attorney information: Joshua M. Gerben, Esq.. Other appointed attorneys are Eric Perrott, Esq., Christian Sado, Esq., Dionne Heard, Esq.. Joshua M. Gerben, Esq. of Gerben Law Firm, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 500
      1050 Connecticut Ave. NW
      Washington, District of Columbia 20036
      United States
      jgerben@gerbenlawfirm.com
The docket/reference number is 08430-0001.
Joshua M. Gerben, Esq. 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:

Joshua M. Gerben, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: jgerben@gerbenlawfirm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): eperrott@gerbenlawfirm.com; csado@gerbenlawfirm.com; dheard@gerbenlawfirm.com; filings@gerbenlawfirm.com 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 $825 has been submitted with the application, representing payment for 3 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: /Reddy, Raj/   Date: 02/26/2020
Signatory's Name: Raj Reddy
Signatory's Position: Chief Executive Officer
Payment Sale Number: 88812854
Payment Accounting Date: 02/27/2020

Serial Number: 88812854
Internet Transmission Date: Thu Feb 27 12:10:03 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020022712100322
9843-88812854-71032335292e7737bf942f4a20
f3a3681aff70b67b966df7572dfd12fc0f05c30-
CC-10015147-20200224150354013730