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: 90362879

Filing Date: 12/07/2020

To the Commissioner for Trademarks:

MARK: KEYSTONE HEART PROTECTING THE BRAIN; WHILE TREATING THE HEART (stylized and/or with design, see mark)
The literal element of the mark consists of KEYSTONE HEART PROTECTING THE BRAIN; WHILE TREATING THE HEART. The applicant is not claiming color as a feature of the mark. The mark consists of the words "KEYSTONE HEART" to the right of two arch shapes arranged to form the impression of an open heart and the bottom of the lower arch ends with a heartbeat line and the words "PROTECTING THE BRAIN; WHILE TREATING THE HEART".
The applicant, Keystone Heart Ltd., a limited company (ltd.) legally organized under the laws of Israel, having an address of
      Caesarea Business Park
      15 Halamish Street PO Box 3170
      Caesarea 3088900
      Israel
      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; medical devices for use in the treatment of cardiovascular disease; vascular and cardiovascular devices; vascular and cardiovascular embolic protection devices, in particular for positioning in the aortic arch for preventing particles entering the carotid arteries; vascular filters, in particular for positioning in the aortic arch for preventing particles entering the carotid arteries; vascular deflectors, in particular for positioning in the aortic arch for preventing particles entering the carotid arteries; stroke preventive medical devices, in particular for positioning in the aortic arch for preventing particles entering the carotid arteries; vascular devices for preventing debris entering carotid arteries of a subject

Priority based on foreign filing: 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 and asserts a claim of priority based on European Community - CTM application number 018338232, filed 11/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Research and development in the field of medical devices, namely, medical devices for use in the treatment of cardiovascular disorders

Priority based on foreign filing: 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 and asserts a claim of priority based on European Community - CTM application number 018338232, filed 11/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Eric S. Hyman. Other appointed attorneys are Peter B. Bromaghim, Melissa G. Ferrario, Anne C. Fleeson, William S. Fultz, Nicholas B. Hawkins, Jack B. Hicks, Timothy H. Hiebert, Sarah Anne Keefe, Laura A. Kees, Randel S. Springer, Michael A. Tobin, Emily Scheible Whittaker, Jeffrey S. Whittle. Eric S. Hyman of Womble Bond Dickinson (US) 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 600
      12400 Wilshire Boulevard
      Los Angeles, California 90025
      United States
      424-369-2044(phone)
      tmdocketing@wbd-us.com
The docket/reference number is 111938.T004.
Eric S. Hyman 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:

Eric S. Hyman

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@wbd-us.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christina.rhodes@wbd-us.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 $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: /eric s hyman/   Date: 12/04/2020
Signatory's Name: Eric S. Hyman
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 90362879
Payment Accounting Date: 12/07/2020

Serial Number: 90362879
Internet Transmission Date: Mon Dec 07 09:35:50 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.X.XX-2020120709355071234
4-90362879-750db9ff3f12b4bfab12b9d53c34c
2d2a6e6aea7754f68bdf157b34699ea57c27d-DA
-35500568-20201204144631538339