Application

PTO- 1478

Approved for use through 05/31/2021. 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

---

PTO- 1478

Approved for use through 05/31/2021. 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: 90769770

Filing Date: 06/11/2021

To the Commissioner for Trademarks:

MARK: EMERGE (stylized and/or with design, see mark)
The literal element of the mark consists of EMERGE. The applicant is not claiming color as a feature of the mark. The mark consists of the word "emerge" in lower case font to the right of a design element. The design element has the general shape of an open square and consists of a solid shape squeezed between two solid circles. The solid shape extends from a circular portion in the lower left corner to a circular portion in the upper right corner of the open square shape, and the two circles are positioned in the upper left and lower right corners of the open square shape.
The applicant, Emerge Clinical Solutions, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      Suite 455
      3131 McKinney Avenue
      Dallas, Texas 75204
      United States
      210-244-8844(phone)
      2102448944(fax)
      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 042:  Software as a service (SaaS), namely, software subscription services providing clinical data support and documentation; data automation and collection services using proprietary software to evaluate, analyze and collect service data in the field of medical care, for facilitating medical, clinical and diagnostic practices; data automation and collection services using proprietary software to evaluate, analyze and collect service data for use in managing and evaluating clinical information and for facilitating and enhancing clinical decision-making processes and patient care in general

In International Class 042, 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 05/01/2013, and first used in commerce at least as early as 05/01/2013, 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) The specimen consists of the actual goods (a screenshot of the actual software) bearing the mark..

Original PDF file:
SPE0-71789866-20210611142 633359475_._81528_69_Spec imen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: William H. Quirk. William H. Quirk of Rosenthal Pauerstein Sandoloski Agather, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 200
      755 E. Mulberry Ave.
      San Antonio, Texas 78212
      United States
      210-244-8844(phone)
      210-244-8944(fax)
      wquirk@rpsalaw.com
The docket/reference number is 81528.00069.
William H. Quirk 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:

William H. Quirk

PRIMARY EMAIL FOR CORRESPONDENCE: wquirk@rpsalaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@rpsalaw.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 $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: /William H. Quirk/   Date: 06/11/2021
Signatory's Name: William H. Quirk
Signatory's Position: Attorney of record
Signatory's Phone Number: 210-244-8844
Signature method: Sent to third party for signature
Payment Sale Number: 90769770
Payment Accounting Date: 06/11/2021

Serial Number: 90769770
Internet Transmission Date: Fri Jun 11 16:23:41 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202106111623414707
81-90769770-780186b75c813a7ec34590aff01a
c07c6ba042e7503d944c78bd338671d36e9338-D
A-23413585-20210611142633359475