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: 88923457

Filing Date: 05/19/020

To the Commissioner for Trademarks:

MARK: OPTEJET (stylized and/or with design, see mark)
The literal element of the mark consists of OPTEJET. The color(s) TURQUOISE BLUE is/are claimed as a feature of the mark. The mark consists of the term OPTEJET displayed vertically in black capital letters. The "e" in the middle of the word is lower case in turquoise blue and has a series of dots in the shape of an arrow to the right of it.
The applicant, Eyenovia, Inc., a corporation of Delaware, having an address of
      Suite 2400
      295 Madison Avenue
      New York, New York 10017
      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 devices for the diagnosis and treatment of eyes; Drug delivery systems; Ophthalmology medical devices
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: Laila S. Wolfgram. Other appointed attorneys are Kathryn T. Allen, Ari M. Bai, Corey M. Casey, Kory D. Christensen, Brad Crawford, Rhiannon D'Agostin, Elton F. Dean, III, Mark T. Deming, Brian B. Diekhoff, Derek D. Donahoe, Kate J. Doty, Gregory P. Durbin, Taryn A. Elliott, Jeffrey E. Fine, Timothy D. Fontes, Monica M. Gutierrez, Eric J. Hanson, Gary E. Hood, L. Hannah Ji, S. Wade Johnson, J. Morgan Kirley, Gregory M. Kratofil, Jr., Todd M. Malynn, Joshua M. McCaig, Daniel P. Mullarkey, Tara A. Nealey, Michael D. Pegues, Andrea M. Porterfield, Joshua Pranckun, Emily C. Peyser, Adam C. Rehm, Rachel A. Rice, Rebecca C. Riley-Vargas, Matthew J. Smith, Colby B. Springer, James M. Stipek, Lawrence A. Swain, Peter G. Thurlow, Matt Todd, Milan Vinnola, Adam S. Weiss, Jason A. Wietjes, Michael A. Williamson, Spencer R. Wood, Patrick C. Woolley, and Timothy A. Worrall and all other qualified practitioners at Polsinelli PC. Laila S. Wolfgram of Polsinelli PC, 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 1000
      100 S. 4th Street
      Saint Louis, Missouri 63102
      United States
      314-889-8000(phone)
      314-231-1776(fax)
      uspt@polsinelli.com
The docket/reference number is 077078658292.
Laila S. Wolfgram 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:

Laila S. Wolfgram

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lwolfgram@polsinelli.com; ahilton@polsinelli.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 $275 has been submitted with the application, representing payment for 1 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: /Michael M. Rowe/   Date: 05/19/2020
Signatory's Name: Michael Rowe
Signatory's Position: Vice President
Payment Sale Number: 88923457
Payment Accounting Date: 05/19/2020

Serial Number: 88923457
Internet Transmission Date: Tue May 19 16:22:07 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2020051916220701
6627-88923457-71051689d7034fb9392bbaea11
6fab61c4a5af70d28f757570b9ac6981c888557f
-DA-22069441-20200519160820510396