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: 88928970

Filing Date: 05/22/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of the stylized side profile silhouette image of a face.
The applicant, Morpheus AG, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Bahnhofstraße 20
      Spaichingen 78549
      Germany
      +49-00000000(phone)
      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:  Surgical apparatus and instruments; Medical implants made of artificial materials; Surgical probes; Surgical tractions; Surgical retractors; Surgical forceps; Surgical forceps; Surgical perforators; Surgical cutting instruments; Surgical drills; Surgical splints; Surgical staplers; Saws for surgical purposes; Scissors for surgery; Bone scrapers; Cases fitted for surgical instruments; Mallets for surgical use; Tissue punches; Accessories for tissue punches; Pumps for surgical purposes; Screwing-in tools for surgical use; Slides for surgical use; Surgical bypass devices; Stainless steel cutlery for surgical use; Biopsy forceps; Biopsy sample collectors, in particular being disposable; Medical, in particular dental and/or veterinary instruments and apparatus; Artificial limbs, eyes and teeth; Orthopaedic articles, suture materials; Cannulae; Trocars
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018155985, filed 11/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 037:  Repair and assembly in the field of medical apparatus and instruments
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018155985, filed 11/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 040:  Soldering; Water cutting; Metal treating
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018155985, filed 11/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Design and development of medical technology; Science and technology services and research and design relating thereto, all in the field of medical technology; Industrial analysis and research services in the field of medical technology; Design and development of computer hardware and software in the field of medical technology; Medical laboratory services; Chemical laboratories; Laboratory services relating to technical measurements and testing; Industrial design
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018155985, filed 11/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 044:  Advisory services relating to surgical instruments
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018155985, filed 11/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Christina D. Frangiosa. Other appointed attorneys are Jenna P. Torres, Richard E. Peirce, David Gornish, Mark T. Vogelbacker, Roger LaLonde, Michael Regan. Christina D. Frangiosa of ECKERT SEAMANS CHERIN & MELLOTT, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      50 SOUTH 16TH STREET, 22ND FLOOR
      PHILADELPHIA, Pennsylvania 19102-2516
      United States
      215-851-8432(phone)
      215-851-8383(fax)
      ipdocket@eckertseamans.com
The docket/reference number is 311105-00080.
Christina D. Frangiosa 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 hereby appoints Christina D. Frangiosa of ECKERT SEAMANS CHERIN & MELLOTT, LLC
      50 SOUTH 16TH STREET, 22ND FLOOR
      PHILADELPHIA Pennsylvania 19102-2516
      United States
      215-851-8432(phone)
      215-851-8383(fax)
      ipdocket@eckertseamans.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Christina D. Frangiosa

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@eckertseamans.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cfrangiosa@eckertseamans.com; jtorres@eckertseamans.com; lmcguinness@eckertseamans.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 $1375 has been submitted with the application, representing payment for 5 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 88928970
Payment Accounting Date: 05/22/2020

Serial Number: 88928970
Internet Transmission Date: Fri May 22 10:00:41 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202005221000413
75983-88928970-710d6d1fb4c1f5d40f743c878
b23f17cf18722cd5984b9b763b38a1975944ea-C
C-00398829-20200522095401426461