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: 88910465

Filing Date: 05/11/020

To the Commissioner for Trademarks:

MARK: PHS (Standard Characters, see mark)
The literal element of the mark consists of PHS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The Boston Foundation for Sight, Inc., a non-profit corporation legally organized under the laws of Massachusetts, having an address of
      464 Hillside Avenue, Suite 205
      Needham, Massachusetts 02494
      United States
      XXXX

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:  Computer software for use in custom design and fit of scleral lenses
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 040:  Custom design and manufacture of scleral lenses
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 non-downloadable computer software for fitting and ordering lenses, and for adjusting, designing, and modifying lenses
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 owner's/holder's proposed attorney information: Michael J. Bevilacqua, Esq.. Other appointed attorneys are Barbara A. Barakat, Esq., Donald R. Steinberg, Esq. and John V. Hobgood, Esq.. Michael J. Bevilacqua, Esq. of Wilmer Cutler Pickering Hale and Dorr LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      60 State Street
      Boston, Massachusetts 02109
      United States
      617-526-6448(phone)
      617-526-5000(fax)
      whiptrademark@wilmerhale.com
The docket/reference number is 290905.149.
Michael J. Bevilacqua, 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:

Michael J. Bevilacqua, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: whiptrademark@wilmerhale.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.bevilacqua@wilmerhale.com; huelinh.tran@wilmerhale.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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Yost, Sara/   Date: 05/11/2020
Signatory's Name: Sara Yost
Signatory's Position: Chief Executive Officer
Payment Sale Number: 88910465
Payment Accounting Date: 05/11/2020

Serial Number: 88910465
Internet Transmission Date: Mon May 11 17:07:44 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020051117074482
2564-88910465-710f9d72af9a41bf694c4a4fbc
98b11a382887e43d55c57623291bd865695b719-
CC-07438288-20200508151038852424