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: 90022189

Filing Date: 06/26/020

To the Commissioner for Trademarks:

MARK: SYMPHONY (Standard Characters, see mark)
The literal element of the mark consists of SYMPHONY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, CVS Pharmacy, Inc., a corporation of Rhode Island, having an address of
      Mailcode: 1160
      One CVS Drive
      Woonsocket, Rhode Island 02895
      United States
      401-770-4897(phone)
      4012163142(fax)
      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:  Electronic personal emergency response system consisting of a device worn on the body or located within the home that notifies others in the event of an emergency, distress event or change in environment; Electronic devices comprised of sensors and pendants for determining status of individuals, particularly seniors, and sending electronic alerts to caregivers; Wearable activity trackers; Downloadable mobile applications for gathering individual biometric data, health data, and environmental data from personal emergency response systems, medical and health monitors, sensors, pendants, or wearable activity trackers; Electronic personal emergency response system consisting of software, mobile applications, wearable pendants, sensors and sensor hubs to notify others in the event of an emergency, distress event or change in environment.
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 health monitors and sensors, including blood pressure monitors, heart rate monitors, cardiac output monitors, blood sugar monitors, pulse rate monitors, and respiratory monitors; Medical and health monitors to detect falls, motion, air quality and temperature changes; Health monitors and sensors that monitor the health of individuals, particularly seniors, in their own homes.
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:  Software as a service and software subscription services for personal emergency response systems; Software as a services and software subscription services for applications used to gather human biometric data, health data, and environmental data from personal emergency response systems, sensors, sensor hubs, pendants, medical and health monitors or wearable activity trackers.
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:  Emergency medical assistance; Emergency medical response services; Medical assistance services provided via telecommunication and global computer networks for individuals with health problems through the use of personal emergency response systems, medical and health monitors or wearable activity trackers with automated alert and monitoring capabilities; Medical diagnostic testing, monitoring and reporting services.
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: Erich G. Rhynhart. Other appointed attorneys are Betsy Golden Kellem. Erich G. Rhynhart, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Mailcode: 1160
      One CVS Drive
      Woonsocket, Rhode Island 02895
      United States
      401-770-4897(phone)
      4012163142(fax)
      Erich.Rhynhart@CVSHealth.com

Erich G. Rhynhart 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:

Erich G. Rhynhart

PRIMARY EMAIL FOR CORRESPONDENCE: Erich.Rhynhart@CVSHealth.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): IPLegal@CVSCaremark.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 $1100 has been submitted with the application, representing payment for 4 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: /Erich G. Rhynhart/   Date: 06/26/2020
Signatory's Name: Erich G. Rhynhart
Signatory's Position: Attorney of record, MA Bar member
Payment Sale Number: 90022189
Payment Accounting Date: 06/26/2020

Serial Number: 90022189
Internet Transmission Date: Fri Jun 26 10:53:01 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200626105301745
090-90022189-710e7f338d734b3f3d323726d23
5c9c2064f1181dcde579e8eededccf622f395ce-
DA-53014343-20200626100210376798