Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90660492

Filing Date: 04/21/2021

To the Commissioner for Trademarks:

MARK: LUCA (stylized and/or with design, see mark)
The literal element of the mark consists of LUCA. The applicant is not claiming color as a feature of the mark. The mark consists of THE WORD "LUCA" IN CAPITAL LETTERS LOCATED IN THE CENTER OF AN IRREGULAR CIRCULAR DESIGN CONSISTING OF WAVY SCALLOPED SHAPED STRIPES WHICH FORM THE PERIMETER OF THE CIRCLE.
The applicant, MEDIBIO LIMITED, a corporation of Australia, having an address of
      Level 4
      100 Albert Road
      South Melbourne, VIC. 3205
      Australia
      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:  APPLICATION SOFTWARE FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; COMPUTER SOFTWARE FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; COMPUTER SOFTWARE APPLICATIONS (DOWNLOADABLE) FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; DATA PROCESSING SOFTWARE FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; DOWNLOADABLE SOFTWARE APPLICATIONS (APPS) FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; COMPUTER PROGRAMS, DOWNLOADABLE FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; MONITORING APPARATUS, OTHER THAN FOR MEDICAL PURPOSES, FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING; DATA PROCESSING PROGRAMS FOR USE IN ASSESSING AND MANAGING MENTAL HEALTH, STRESS AND WELLBEING

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 Australia application number 2156206, filed 02/19/2021.
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:  ADVISORY SERVICES RELATING TO HEALTH; CONSULTANCY RELATING TO HEALTH CARE; HEALTH ASSESSMENT SURVEYS; HEALTH CARE; HEALTH COUNSELLING; HEALTH RISK ASSESSMENT SURVEYS; HEALTH SCREENING; INFORMATION SERVICES RELATING TO HEALTH CARE; MEDICAL HEALTH ASSESSMENT SERVICES; PROVISION OF INFORMATION RELATING TO BEHAVIOURAL MODIFICATION; THERAPY SERVICES

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 Australia application number 2156206, filed 02/19/2021.
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: Lawrence H. Binderow, Attorney at Law. Lawrence H. Binderow, Attorney at Law of BINDEROW LAW OFFICES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 250
      1330 Camino Del Mar
      Del Mar, California 92014
      United States
      858-259-1940(phone)
      binderow@lawyer.com

Lawrence H. Binderow, Attorney at Law 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:

Lawrence H. Binderow, Attorney at Law

PRIMARY EMAIL FOR CORRESPONDENCE: binderow@lawyer.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmparalegal@lawyer.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 $700 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: /Lawrence H. Binderow/   Date: 04/21/2021
Signatory's Name: Lawrence H. Binderow
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 858-259-1940
Signature method: Signed directly within the form
Payment Sale Number: 90660492
Payment Accounting Date: 04/21/2021

Serial Number: 90660492
Internet Transmission Date: Wed Apr 21 12:18:31 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
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