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: 90253595

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: AUDIOKEY (Standard Characters, see mark)
The literal element of the mark consists of AUDIOKEY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MED-EL Elektromedizinische Geräte Ges.m.b.H., a limited liability company legally organized under the laws of Austria, having an address of
      Fürstenweg 77a
      Innsbruck A-6020
      Austria
      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:  Downloadable mobile application for use in connection with hearing or balance prostheses

In International Class 009, 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 08/20/2019, and first used in commerce at least as early as 08/20/2019, 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) Screenshot of the App Store, showing the software application bearing the mark as it can be downloaded.
Specimen File1



The owner's/holder's proposed attorney information: Kerry L. Timbers. Other appointed attorneys are Bruce S. Sunstein; Kerry L. Timbers; Robert M. Asher; Joel Leeman; Lisa M. Tittemore; Peter J. Karol; Steven A. Abreu; Sharona Sternberg; Lena Cavallo; Erin E. Connors; Katherine Soule. Kerry L. Timbers of Sunstein 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
      100 High St.
      Boston, Massachusetts 02110
      United States
      617-443-9292(phone)
      trademarks@sunsteinlaw.com
The docket/reference number is 1941/290.
Kerry L. Timbers 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:

Kerry L. Timbers

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sunsteinlaw.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 $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: /Mario Konegger/   Date: 10/14/2020
Signatory's Name: Mario Konegger
Signatory's Position: Head of IP
Payment Sale Number: 90253595
Payment Accounting Date: 10/14/2020

Serial Number: 90253595
Internet Transmission Date: Wed Oct 14 08:35:29 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202010140835293311
87-90253595-750ca9afef8b2a3c6df47e63cd8b
af479d76be8fe9f3f368c1771b5bf32e90a86c-D
A-35287619-20201013155414160406