Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90906239

Filing Date: 08/27/2021

To the Commissioner for Trademarks:

MARK: PHOENIX (Standard Characters, see mark)
The literal element of the mark consists of PHOENIX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SHINE MEDICAL TECHNOLOGIES, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      STE 600
      101 E. Milwaukee St.
      Janesville, Wisconsin 53545
      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:  Particle accelerators and parts and accessories therefor; neutron generators other than for medical purposes and parts and accessories therefor; high voltage power supplies.
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:  Particle accelerator for medical purposes, namely, radiological treatment of tumors; neutron generators for medical purposes, namely, radiological imaging and treatment of tumors.
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 039:  Distribution and transmission of energy; distribution and transmission of electricity from nuclear energy.
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 040:  Recycling of nuclear waste; decontamination of nuclear waste; nuclear waste treatment and disposal; Production and generation of energy utilizing nuclear energy systems.
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:  Medical and scientific research in the field of medical imaging and isotopes and radioisotopes for medical, therapeutic or diagnostic use; Development of isotopes and radioisotopes for medical, therapeutic or diagnostic use; research and develop services in the fields of aerospace, energy, defense, transportation and nuclear technology; technical consulting, research, custom design and engineering services in the fields of aerospace, energy, defense, transportation and nuclear technology; aerospace testing laboratory services; non-medical imaging services; non-medical neutron imaging services.
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:  Medical imaging services; Medical and diagnostic neutron imaging services.
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: Tricia L. Schulz. Other appointed attorneys are all other attorneys of Foley & Lardner LLP. Tricia L. Schulz of Foley & Lardner 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
      Suite 5000
      150 E. Gilman Street
      Madison, Wisconsin 53703
      United States
      608-257-5035(phone)
      608 258-4258(fax)
      ipdocketing@foley.com
The docket/reference number is 099302-0218.
Tricia L. Schulz 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:

Tricia L. Schulz

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrodriguez@foley.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 $2100 has been submitted with the application, representing payment for 6 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: /Nathan Schleifer/   Date: 08/27/2021
Signatory's Name: Nathan Schleifer
Signatory's Position: General Counsel & Corporate Secretary
Signatory's Phone Number: 414-758-1478
Signature method: Sent to third party for signature
Payment Sale Number: 90906239
Payment Accounting Date: 08/27/2021

Serial Number: 90906239
Internet Transmission Date: Fri Aug 27 12:58:24 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202108271258242026
28-90906239-781dc294d36555db558ede756c47
9d3086c6b8775946c26640b249ef1e7e56738c-C
C-58232711-20210815150247284455