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: 90123942

Filing Date: 08/19/2020

To the Commissioner for Trademarks:

MARK: MCOT (Standard Characters, see mark)
The literal element of the mark consists of MCOT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BioTelemetry, Inc., a corporation of Delaware, having an address of
      Suite 102
      1000 Cedar Hollow Road
      Malvern, Pennsylvania 19355
      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, namely, portable electronic patient monitors and patient sensors with automated alert and monitoring capacity for monitoring and measuring patient reported symptoms, heart rate, blood pressure, body temperature, pain, the oxygen saturation of the blood and other vital sign and diagnostic parameters

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/28/2002, and first used in commerce at least as early as 01/31/2003, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photograph of product bearing mark.

Original PDF file:
SPE0-649558195-2020081810 1644648855_._Class_010_sp ecimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 044:  Medical diagnostic monitoring and reporting services for medical professionals and medical patients provided via telecommunication networks and/or global computer networks featuring medical information in the nature of patient reported symptoms, heart rate, blood pressure, body temperature, pain, oxygen saturation of the blood and other vital sign and diagnostic parameters, gathered from electronic patient medical monitoring devices which feed information to remote locations that can be accessed in real-time by medical professionals for purposes of monitoring and diagnosing medical conditions for individuals with health problems

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/28/2002, and first used in commerce at least as early as 01/31/2003, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Brochure bearing mark.

Original PDF file:
SPE0-649558195-2020081810 1644648855_._Class_044_sp ecimen.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5567045 and 5619259.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Bethany A. Stokes. Other appointed attorneys are David J. Dykeman; Roman Fayerberg. Bethany A. Stokes of Greenberg Traurig, 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
      Suite 2000
      One International Place
      Boston, Massachusetts 02110
      United States
      617-310-6098(phone)
      BOSIPMAIL@gtlaw.com
The docket/reference number is 131808037002.
Bethany A. Stokes 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:

Bethany A. Stokes

PRIMARY EMAIL FOR CORRESPONDENCE: BOSIPMAIL@gtlaw.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: /Cody Cowper/   Date: 08/19/2020
Signatory's Name: Cody Cowper
Signatory's Position: Secretary
Payment Sale Number: 90123942
Payment Accounting Date: 08/19/2020

Serial Number: 90123942
Internet Transmission Date: Wed Aug 19 12:47:00 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200819124700574
545-90123942-74018c5cb7dc2b35b225e19da51
23498c53f16cb7eb3c4f44f6fa6d2fc343e9f4-D
A-47008228-20200818101644648855