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: 90672261

Filing Date: 04/26/2021

To the Commissioner for Trademarks:

MARK: MYOGUARD (Standard Characters, see mark)
The literal element of the mark consists of MYOGUARD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Active4D, Inc., a corporation of California, having an address of
      PO Box 5000-163
      Rancho Santa Fe, California 92067
      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:  Downloadable mobile application software for facilitating patient and physician communication, namely, for transmitting patient recovery process and tailored treatment plans; downloadable software for mobile devices, namely, software for medical data collection and analysis; downloadable mobile application software for tracking and reporting patient health and recovery progress; downloadable computer software for creating protocols and providing online analysis of patient and hospital data
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:  Portable medical devices in the nature of a skin patch with sensors that monitor the individualized physiological data of the patient wearing the device, and which transmit the data to the patient and medical professionals via compatible software and the internet for viewing on computers and mobile devices for the purpose of tracking and monitoring patient health, and monitoring and facilitating the patient recovery process through individualized treatment plans
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 042:  Providing temporary use of non-downloadable software for collecting medical information from clinicians and patients via electronic patient surveys, imported health data, texts and other methods and can be accessed in real-time by patients and medical professionals for purposes of monitoring and diagnosing medical conditions, research, marketing, satisfaction monitoring, insurance negotiations, financial review, regulation compliance, and other health related data needs; Providing an interactive website featuring technology that allows users to create patient protocols and treatment plans featuring reminders and instructions related to a patient's condition or procedure that allows caregivers to implement new patient protocols and treatment plans; providing temporary use of online non-downloadable mobile application software for facilitating patient and physician communication, namely, for transmitting patient recovery process and tailored treatment plans; providing temporary use of online non-downloadable software for mobile devices, namely, software for medical data collection and analysis; providing temporary use of online non-downloadable mobile application software for tracking and reporting patient health and recovery progress; providing temporary use of online non-downloadable computer software for creating protocols and providing online analysis of patient and hospital data
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 044:  Providing an internet website for medical professionals and medical patients featuring medical information from remote locations via devices that feed information to the website that is processed, exchanged and accessed in real-time by users for purposes of monitoring medical conditions and patient medication compliance monitoring; Providing personalized healthcare and medical information to patients to help guide decision-making throughout the care continuum
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.



The owner's/holder's proposed attorney information: Neil A. Salyards. Other appointed attorneys are Richard E. Campbell. Neil A. Salyards of Procopio, Cory, Hargreaves & Savitch 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
      525 B Street, Suite 2200
      San Diego, California 92101
      United States
      619-906-5639(phone)
      619-235-0398(fax)
      docketing@procopio.com
The docket/reference number is 12895602US01.
Neil A. Salyards 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:

Neil A. Salyards

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): neil.salyards@procopio.com; richard.campbell@procopio.com; emily.andelson@procopio.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: /Darryl D'Lima/   Date: 04/26/2021
Signatory's Name: Darryl D'Lima
Signatory's Position: Vice President
Signatory's Phone Number: 858-740-4282
Signature method: Sent to third party for signature
Payment Sale Number: 90672261
Payment Accounting Date: 04/26/2021

Serial Number: 90672261
Internet Transmission Date: Mon Apr 26 18:46:14 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20210426184614
320052-90672261-78090a47b9d6d8b542ad2198
4a436925c39d7f327e29e7c0359ddd4a5da63ee7
b-CC-46121980-20210426163721284150