Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90538503

Filing Date: 02/22/2021

To the Commissioner for Trademarks:

MARK: VIRILITYRESTORE (Standard Characters, see mark)
The literal element of the mark consists of VIRILITYRESTORE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, IMPLANTICA PATENT LTD, a private limited company legally organized under the laws of Malta, having an address of
      SIR TEMI ZAMMIT BUILDINGS
      MALTA LIFE SCIENCE PARK
      SAN GWANN SGN3000
      Malta
      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:  Apparatus, devices and instruments, namely scientific apparatus, in particular manual, electrical or a combination of manual and electrical apparatus, devices and instruments, in all cases including hydraulic, mechanical, and pneumatic apparatus, devices and instruments; wireless communication systems, apparatus, devices, and instruments and wireless energizing systems, apparatus, devices, and instruments for measuring, receiving, sending, checking, controlling, driving, transferring, transmitting, processing and/or analysing, in all the applicable aforementioned goods, of data including physical parameters, electricity, and/or energy; apparatus, devices and instruments for receiving, transferring, transmitting, conducting, switching, transforming, accumulating, regulating, checking and/or controlling, of electricity, energy and/or data; remote controls for wireless controlling, and/or programming wireless charger apparatus for wireless energizing and control stations for wireless controlling, programming and/or energizing to and from active implants; medical and surgical apparatus, instruments and devices for collecting, receiving, sending, storing, preparing, controlling, analyzing and processing of data and/or energy to and from patients and/or to or from remote controls, wireless loading apparatus and control stations; software, in particular for active medical implants, for measuring, receiving, sending, checking, transferring, calculating, processing, controlling, presenting and analysing of data, electricity and/or energy; software, in particular for measuring, receiving, sending, checking, transferring, calculating, processing, controlling, presenting and analysing of data, electricity and/or energy; data processing equipment and computers

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 Union Trademark - EUTM application number 018400662, filed 02/16/2021.
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 010:  Medical and surgical apparatus, instruments and devices, including active and non-active medical implants; medical and surgical apparatus, instruments and devices intended for use inside the mammal or human body, in particular manual, electrical or a combination of manual and electrical apparatus, devices and instruments, in all goods including medical hydraulic, mechanical, and pneumatic apparatus, devices and instruments; medical and surgical apparatus, instruments and devices for replacing and/or adding one or more bodily functions and/or parts inside the body; medical wireless communication systems and wireless powering systems for instruments, apparatus and devices, in particular for active implants; medical and surgical apparatus, instruments and devices, including active implants, designed for wireless programming, wireless controlling, wireless communicating and/or wireless energizing; surgical instruments in particular to be used during operations of active or non-active medical implants; veterinary medical and surgical apparatus, instruments and devices for use in implant surgeries; orthopedic medical and surgical apparatus, instruments and devices; medical implants for collecting, receiving, sending, storing, preparing, controlling, analyzing and processing of data and/or energy to and from said medical implants

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 Union Trademark - EUTM application number 018400662, filed 02/16/2021.
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 044:  Medical, surgical and health correlated services, including Internet based services, for collecting, sending, receiving, storing, preparing, controlling, presenting, programming, calculating, analyzing and processing of data to and from patients and/or to and from medical implants and/or to and from remote controls, wireless charger apparatus and/or control stations for active implants and thereto associated services; medical and surgical services for programming, controlling, communicating with and/or energizing of active implants; medical and surgical services, including associated Internet based services, in particular intended for persons having a medical related condition and/or being candidates for or being operated with an active or a non-active implant

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 Union Trademark - EUTM application number 018400662, filed 02/16/2021.
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: Ben Natter. Other appointed attorneys are Kyle Koemm. Ben Natter of Haug Partners 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
      745 Fifth Ave
      New York, New York 10151
      United States
      bnatter@haugpartners.com
The docket/reference number is A339-96.15.
Ben Natter 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:

Ben Natter

PRIMARY EMAIL FOR CORRESPONDENCE: bnatter@haugpartners.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@haugpartners.com; kkoemm@haugpartners.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 $1050 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: //Kyle Koemm//   Date: 02/22/2021
Signatory's Name: Kyle Koemm
Signatory's Position: Attorney of Record, member NY bar
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 90538503
Payment Accounting Date: 02/22/2021

Serial Number: 90538503
Internet Transmission Date: Mon Feb 22 10:52:43 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20210222105243106
767-90538503-770cd73e33b3259c3631228a0c6
e09b7d78b28c86f171d4fe4be0f33c3b456d302c
-CC-52413861-20210222105108030477