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: 88942458

Filing Date: 06/01/020

To the Commissioner for Trademarks:

MARK: ACTIVEPOUCH (Standard Characters, see mark)
The literal element of the mark consists of ACTIVEPOUCH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Milux Holding S.A., a corporation of Luxembourg, having an address of
      12, Rue Guillaume Schneider
      Luxembourg L-2522
      Luxembourg
      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:  Apparatus, devices and instruments, all not used in direct association with active implants, for measuring, receiving, sending, checking, controlling, driving, transferring, transmitting, processing, analyzing, conducting, switching, transforming, accumulating, and regulating electricity, energy and/or data, including physical parameters, namely, electronic storage devices in the nature of blank memory discs, memory cards and data storage media, namely, packaged semiconductors, electronic control unit and programmer which controls the working parameters of wireless communication systems and wireless powering systems, chargers in the nature of battery chargers, digital chargers and electronic chargers, electronic transmitters and electronic receivers of electronic signals, and electronic circuits; remote controls for wireless controlling, and programming wireless charger apparatus for wireless energizing and control stations for wireless controlling, programming and energizing of active implants; downloadable computer software, in particular for active medical implants, for measuring, receiving, sending, checking, transferring, calculating, processing, controlling, presenting and analyzing of data, namely, data about electricity, energy, physical parameters, and communication and programming data in medical implants; downloadable computer software, in particular for measuring, receiving, sending, checking, transferring, calculating, processing, controlling, presenting and analyzing of data, namely, data about electricity, energy, physical parameters, communication and programming data in apparatus, devices and instruments for communicating with, energizing and programming of medical implants; and data processing equipment and computers
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 010:  Medical and surgical apparatus, instruments and devices, including active and non-active medical implants, namely, medical implants comprised of artificial material; medical and surgical apparatus, instruments and devices intended for use inside the mammal or human body, in particular manual, electrical or a combination of manual and electrical apparatus, devices and instruments, in all goods including medical hydraulic, mechanical, and pneumatic apparatus, devices and instruments, namely, medical implants comprised of artificial material; medical and surgical apparatus, instruments and devices for replacing and adding one or more bodily functions and parts inside the body, namely, medical implants comprised of artificial material; medical and surgical apparatus, instruments and devices designed for wireless programming, wireless controlling, wireless communicating and wireless energizing, namely, active implants in the nature of implants consisting of artificial materials, and a wireless transmitter and a receiver as an integral component of a surgical implant; wireless communication systems, apparatus, devices, and instruments and wireless energizing systems, apparatus, devices, and instruments for measuring, receiving, sending, switching, transforming, accumulating, regulating, storing, checking, controlling, driving, transferring, transmitting, processing and analyzing, in all the applicable aforementioned goods, of data including physical parameters, electricity, energy and data, namely, electronic transmitters for communicating with, and energizing of, and used in direct association with, active medical implants consisting of artificial materials; surgical instruments in particular to be used during operations of active or non-active medical implants; veterinary medical and surgical apparatus, instruments and devices, for use in implant surgeries; medical and surgical apparatus, instruments and devices for orthopaedic joint implants; and medical implants consisting of artificial materials for collecting, receiving, sending, storing, preparing, controlling, analyzing and processing of data and energy to and from said medical implants
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:  Health care services, namely, providing a medical, surgical and health database featuring medical, surgical, and health information relating to medical implants that has been input, collected, received, prepared, controlled, programmed, calculated, and analyzed, from medical implants, remote controls and control stations for use by medical, surgical and health professionals for the purposes of monitoring and diagnosing medical conditions; medical and surgical services, namely, implantation of artificial implants for collecting, sending, receiving, storing, preparing, controlling, presenting, calculating, analyzing, and processing of data to and from patients, to and from medical implants, to and from remote controls, wireless charger apparatus, and control stations for active implants; medical and surgical services, namely, artificial implantation of medical implants for programming, controlling, communicating with and energizing of active implants; and medical and surgical services, namely, artificial implantation services for persons having a medical related condition and being candidates for and being operated on with active and non-active implants
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: Ben Natter. Other appointed attorneys are Kyle Koemm. Ben Natter of Haug Partners, 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
      745 Fifth Ave
      New York, New York 10151
      United States
      bnatter@haugpartners.com
The docket/reference number is A339-89.1.
Ben Natter 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:

Ben Natter

PRIMARY EMAIL FOR CORRESPONDENCE: bnatter@haugpartners.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@haugpartners.com; kkoemm@haugpartners.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: //Kyle Koemm//   Date: 06/01/2020
Signatory's Name: Kyle Koemm
Signatory's Position: Attorney of record, member NY bar
Payment Sale Number: 88942458
Payment Accounting Date: 06/01/2020

Serial Number: 88942458
Internet Transmission Date: Mon Jun 01 19:06:01 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200601190601173
602-88942458-710983ce1a2038ca384aacf037f
c7ce54058ae4eda7f17d76833f9859c55add50-C
C-05598934-20200601190133308149