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: 90458757

Filing Date: 01/11/2021

To the Commissioner for Trademarks:

MARK: PARTICLE ANALYSIS WITH VISION (Standard Characters, see mark)
The literal element of the mark consists of PARTICLE ANALYSIS WITH VISION. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fluid Imaging Technologies, Inc., a corporation of Maine, having an address of
      200 Enterprise Drive
      Scarborough, Maine 04074
      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 009:  fluid imaging devices consisting of peristaltic pumps with specialized optics, video cameras, flow cytometers, microscopes, computer software, and computer, which are used by scientists to count, image, measure, photograph and digitally record and preserve images of individual cells and particles of microplankton

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 03/31/2007, and first used in commerce at least as early as 03/31/2007, 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) Pictures of products bearing the trademark.
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3946471.


The owner's/holder's proposed attorney information: James F. Keenan, Jr.. James F. Keenan, Jr. of Bernstein, Shur, Sawyer & Nelson, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      100 Middle Street
      Portland, Maine 04104
      United States
      207-774-1200(phone)
      (207) 774-1127(fax)
      jkeenan@bssn.com

James F. Keenan, Jr. 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:

James F. Keenan, Jr.

PRIMARY EMAIL FOR CORRESPONDENCE: jkeenan@bssn.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 $350 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: /James F. Keenan, Jr./   Date: 01/11/2021
Signatory's Name: James F. Keenan, Jr.
Signatory's Position: Attorney of record, Maine bar member
Signatory's Phone Number: 207-774-1200
Signature method: Signed directly within the form
Payment Sale Number: 90458757
Payment Accounting Date: 01/11/2021

Serial Number: 90458757
Internet Transmission Date: Mon Jan 11 15:00:53 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202101111500538
79618-90458757-760a13967daad0d4f837c3f9b
3b1486bd8573d10f4d0603657f10c274b4d2e45b
-CC-00529244-20210111145429129442