Application

PTO- 1478

Approved for use through 07/31/2021. 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

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PTO- 1478

Approved for use through 07/31/2021. 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: 90808094

Filing Date: 07/02/2021

To the Commissioner for Trademarks:

MARK: Pheno4U (Standard Characters, see below )

The literal element of the mark consists of Pheno4U. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aesculap AG, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Am Aesculap-Platz
      Tuttlingen 78532
      Germany
      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:  Electronic databases recorded on computer media; Databases (electronic); Interactive computer software enabling exchange of information; Computer software for communication between computers over a local network; Data storage programs; Data management software; Data and file management and database software; Computer software for creating searchable databases of information and data; Computer software to enable searching and retrieval of data; Database synchronization software; Computer software to enable retrieval of data; Data processing software for graphic representations; Data processing software for word processing; Intelligent gateways for real-time data analysis; Privacy software; Computer utility programs for data compression; Data compression software; Computer software for authorizing access to data bases; Database server software; Apparatus for recording data; Data suits

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 018371965, filed 01/08/2021.
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.

Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 018371965, and/or proof of renewal, registered 05/10/2021 with a renewal date of __________ and an expiration date of 01/08/2031, and translation thereof, if appropriate.

Original PDF file:
reg-20871781-112123293_._ PHENO4U_-_EU_Reg._No._018 371965.pdf
Converted PDF file(s) (8 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 010:  Orthopaedic implants; Surgical apparatus and instruments; Surgical 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 018371965, filed 01/08/2021.
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.

Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 018371965, and/or proof of renewal, registered 05/10/2021 with a renewal date of __________ and an expiration date of 01/08/2031, and translation thereof, if appropriate.

Original PDF file:
reg-1-20871781-112123293_ ._PHENO4U_-_EU_Reg._No._0 18371965.pdf
Converted PDF file(s) (8 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 042:  Software engineering; Development of data bases; Maintenance of data bases; Development of data programs; Computer programming for data processing; Programming of data processing equipment; Software engineering services for data processing programs; Design of computer databases; Design and development of software for importing and managing data; Updating of software databases; Evaluation of performance of data-processing against bench-mark references; Design of hardware for data and multimedia content conversion from and to different protocols

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 018371965, filed 01/08/2021.
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.

Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 018371965, and/or proof of renewal, registered 05/10/2021 with a renewal date of __________ and an expiration date of 01/08/2031, and translation thereof, if appropriate.

Original PDF file:
reg-2-20871781-112123293_ ._PHENO4U_-_EU_Reg._No._0 18371965.pdf
Converted PDF file(s) (8 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 044:  Medical information retrieval 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 European Union Trademark - EUTM application number 018371965, filed 01/08/2021.
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.

Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 018371965, and/or proof of renewal, registered 05/10/2021 with a renewal date of __________ and an expiration date of 01/08/2031, and translation thereof, if appropriate.

Original PDF file:
reg-3-20871781-112123293_ ._PHENO4U_-_EU_Reg._No._0 18371965.pdf
Converted PDF file(s) (8 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.



The owner's/holder's proposed attorney information: Paul J. Kennedy. Other appointed attorneys are Vincent V. Carissimi, M. Kelly Tillery, Peter T. Wakiyama, Joseph C. Guagliardo, Lori E. Harrison, Sean P. McConnell. Paul J. Kennedy of Troutman Pepper Hamilton Sanders 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
      3000 Two Logan Square
      Eighteenth and Arch Streets
      Philadelphia, Pennsylvania 19103-2799
      United States
      215-981-4194(phone)
      215-689-4688(fax)
      paul.kennedy@troutman.com
The docket/reference number is 120254.10009.
Paul J. Kennedy 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:

Paul J. Kennedy

PRIMARY EMAIL FOR CORRESPONDENCE: paul.kennedy@troutman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): theresa.catalano@troutman.com; sarah.introna@troutman.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

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT18\IMAGEOUT18\908\080\90808094\xml1\APP0035.JPG



Signatory's Name: Michaela Muenning
Signatory's Position: Vice President
Signatory's Phone Number: Not Provided
Signature method: Handwritten

Signatory's Name: Elke Rees
Signatory's Position: Director Channel Management Orthopedic & Spine Surgery
Signatory's Phone Number: Not Provided
Signature method: Handwritten
Payment Sale Number: 90808094
Payment Accounting Date: 07/02/2021

Serial Number: 90808094
Internet Transmission Date: Fri Jul 02 09:23:15 ET 2021
TEAS Stamp: USPTO/BAS-XXX.X.XXX.X-202107020923155308
42-90808094-780e77f5d35341ae650b6a115934
754f9d135477fbbd3c9d436528181c9e030b2-DA
-23150828-20210702084919906300