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: 90575097

Filing Date: 03/12/2021

To the Commissioner for Trademarks:

MARK: ACCURAY (stylized and/or with design, see mark)
The literal element of the mark consists of ACCURAY. The color(s) blue is/are claimed as a feature of the mark. The mark consists of the literal element "ACCURAY" with the bar of the A being a blue triangle.
The applicant, Accuray Incorporated, a corporation of Delaware, having an address of
      1310 Chesapeake Terrace
      Sunnyvale, California 94089
      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:  Computer software for enabling the precise delivery of therapeutic radio surgery, specifically, by imaging, monitoring and tracking the movement of tumors, lesions, or arterio venous malformations in a patient's body; computer imaging software for contouring tumors and body structures for radio surgery and radiotherapy; radio surgery and radiotherapy medical device, namely, computer software for tracking and delivering treatment by means of soft tissue and bone structure and without the need for surgical implants; computer software and hardware for devising, determining, planning and delivering human medical treatment plans for radiation treatments via robotic stereo static radio surgery and radiotherapy apparatus; medical computer programs for use in the fields of radio surgery and radiotherapy, namely, software for use in treatment planning, for use in contouring tumors and body structures to provide proper measurement, image resolution and tumor volume definition by means of CT, PET, MR and other 3D images, software for treatment delivery and for clinical treatment charting
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:  Stereo tactic radio surgery and radiotherapy apparatus in the nature of a robotic linear accelerator used for the precise, full-body delivery of therapeutic medical x-rays; patient position apparatus, namely, apparatus to maintain patient position for radio surgery and radiotherapy
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 041:  Organizing and arranging of seminars, conventions, symposiums, online courses, information exchange through seminars, conventions, symposiums, online courses and attendant web discussions, and training courses in the field of radiation oncology and for delivering radiation to tumors by technologies incorporating image guided/intensity modulated radiation therapy and technologies incorporating stereotactic body radiation therapy and stereotactic radiosurgery; organization and management of exhibitions for educational purposes; education services, namely teaching and training services through classes, seminars, workshops, and attendant web discussions in the field of oncology and radiotherapies; publication of texts including online publication thereof, namely, publication of texts in the field of medical research and development; publishing and editing of books, technical papers and periodicals
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 _______: Providing medical information; Medical dosimetry services for treating cancers; Medical services, namely, planning, analysis, control and administering of patient medical radiation treatments for the purpose of quality assurance, imaging, treatment and therapy
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3306634, 3378543, and 5229006.


The owner's/holder's proposed attorney information: Matthew P. Hintz, Esq.. Other appointed attorneys are Vanessa A. Ignacio, Esq. and Jenna-Marie Tracy, Esq.. Matthew P. Hintz, Esq. of Lowenstein Sandler 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
      One Lowenstein Drive
      Roseland, New Jersey 07068
      United States
      973-597-2596(phone)
      lstrademark@lowenstein.com
The docket/reference number is 07291.640.
Matthew P. Hintz, Esq. 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:

Matthew P. Hintz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mhintz@lowenstein.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 $1400 has been submitted with the application, representing payment for 4 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: /Matthew P. Hintz/   Date: 03/12/2021
Signatory's Name: Matthew P. Hintz
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-597-2500
Signature method: Signed directly within the form
Payment Sale Number: 90575097
Payment Accounting Date: 03/12/2021

Serial Number: 90575097
Internet Transmission Date: Fri Mar 12 07:49:28 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021031207492865
5557-90575097-77036c14b646c9e6f4a1d77527
85f61d3d2ecc83e09d5bcba223ac5ec99987fe-D
A-49284440-20210312073245254518