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: 88922874

Filing Date: 05/19/020

To the Commissioner for Trademarks:

MARK: HUXLEY (Standard Characters, see mark)
The literal element of the mark consists of HUXLEY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Huxley Medical, Inc., a corporation of Delaware, having an address of
      Suite 3410
      75 5th St NW
      Atlanta, Georgia 30308
      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 010:  Medical apparatus; medical apparatus and devices for monitoring medical conditions; medical apparatus for treating medical conditions; medical apparatus for monitoring and assessing body functions; medical apparatus for monitoring heart rate, peripheral capillary oxygen saturation, and seismocardiography; medical apparatus for monitoring skin surface biopotentials, photoplethysmography, and accelerometer derived physiological signals; medical apparatus for monitoring, diagnosing, and treating sleep disordered breathing and cardiopulmonary diseases including cardiac arrhythmias; devices and apparatus for diagnosing and monitoring medical conditions; devices and apparatus for diagnosing and monitoring medical conditions, namely, sleep apnea and sleep disorders
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:  Remote monitoring and reporting services; remote monitoring and reporting of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; medical diagnostic monitoring services, namely, monitoring heart rate, peripheral capillary oxygen saturation, and seismocardiography of patients; health assessment services; health assessment services, namely, providing patient monitoring and diagnosis in the fields of sleep apnea and home sleep testing
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: Bryan D. Stewart. Other appointed attorneys are all other attorneys of Morris, Manning & Martin, LLP. Bryan D. Stewart of Morris, Manning & Martin, 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
      1600 Atlanta Financial Center
      3343 Peachtree Road NE
      Atlanta, Georgia 30326
      United States
      404-233-7000(phone)
      404-365-9532(fax)
      ipdocket@mmmlaw.com
The docket/reference number is 35817-136445.
Bryan D. Stewart 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:

Bryan D. Stewart

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mmmlaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $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 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: /Christopher Lee/   Date: 05/19/2020
Signatory's Name: Christopher Lee
Signatory's Position: Chairman and CEO
Payment Sale Number: 88922874
Payment Accounting Date: 05/19/2020

Serial Number: 88922874
Internet Transmission Date: Tue May 19 12:13:05 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202005191213051
11663-88922874-7101ed39bca86a147bc48ae56
c51719021f49ebb4e46eae520eed37ec66fa35bd
-DA-13044370-20200518104008461841