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: 90254636

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: NOTHING BUT AIR (Standard Characters, see mark)
The literal element of the mark consists of NOTHING BUT AIR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Beyond Air, Inc., a corporation of Delaware, having an address of
      825 East Gate Boulevard, Suite 320
      Garden City, New York 11530
      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 005:  Pharmaceutical preparations and articles, namely, medical gas being nitric oxide for medical purpose to be used at home or in a hospital; gases for medical purposes, namely, nitric oxide for medical purposes; chemical preparations for medical purposes, namely, for chronic obstructive pulmonary disease, cystic fibrosis, bronchiolitis, and non-tuberculosis mycobacterium; chemical preparations for pharmaceutical purposes, namely, for chronic obstructive pulmonary disease, cystic fibrosis, bronchiolitis, and non-tuberculosis mycobacterium; Pharmaceutical preparation for chronic obstructive pulmonary disease, cystic fibrosis, bronchiolitis, and non-tuberculosis mycobacterium; Medical preparation for chronic obstructive pulmonary disease, cystic fibrosis, bronchiolitis, and non-tuberculosis mycobacterium
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 apparatus and instruments, namely, device for the delivery of medical gas to be used at home or in a hospital; Diagnostic, examination, and monitoring equipment, namely, medical and medicine diagnostic systems, detection systems, and monitoring systems for chronic obstructive pulmonary disease, cystic fibrosis, bronchiolitis, and non-tuberculosis mycobacterium and delivery systems of nitric oxide for the treatment of chronic obstructive pulmonary disease, cystic fibrosis, bronchiolitis, and non-tuberculosis mycobacterium; apparatus and instruments for use in connection with the administration of gases to patients for medical and therapeutic purposes, namely, medical and therapeutic gas delivery systems; apparatus and instruments for setting, measuring and regulating the mixture of medical and therapeutic gases delivered to patients
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:  Scientific research for medical purposes in the area of respiratory diseases; medical research services, namely, conducting clinical trials for others; scientific research, namely, research on the use of nitric oxide for medical purposes; Scientific research, namely, research on preparations and treatments for respiratory diseases
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: Anthony L. Meola. Anthony L. Meola of Schmeiser, Olsen & Watts LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      3 Manhattanville Road, Suite 105
      Purchase, New York 10577
      United States
      914-825-1039(phone)
      ameola@iplawusa.com
The docket/reference number is 396.0011US01.
Anthony L. Meola 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:

Anthony L. Meola

PRIMARY EMAIL FOR CORRESPONDENCE: ameola@iplawusa.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): 69995@iplawusa.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: /Anthony L. Meola/   Date: 10/14/2020
Signatory's Name: Anthony L. Meola
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 90254636
Payment Accounting Date: 10/14/2020

Serial Number: 90254636
Internet Transmission Date: Wed Oct 14 15:15:45 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202010141515456
58857-90254636-750f7403b2ad49a648b9fbe5f
c25b8f73cf75cc89e58a4b433a45b99c08f91db4
7-CC-15444218-20201014150305303070