Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97310663

Filing Date: 03/14/2022

To the Commissioner for Trademarks:

MARK: MORPHEUS (Standard Characters, see mark)
The literal element of the mark consists of MORPHEUS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Empyrean Medical Systems, Inc., a corporation of Delaware, having an address of
      950 Peninsula Corporate Cir., Suite 2016
      Boca Raton, Florida 33487
      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 010:  Intraoperative Radiotherapy Devices
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: Gregory A. Nelson. Gregory A. Nelson of Fox Rothschild LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      997 Lenox Drive, Building 3
      Lawrenceville, New Jersey 08648
      United States
      561-804-4407(phone)
      609-896-1469(fax)
      ipdocket@foxrothschild.com
The docket/reference number is 193348.00013.
Gregory A. Nelson 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:

Gregory A. Nelson

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gnelson@foxrothschild.com; svieau@foxrothschild.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: /Kalman Fishman/   Date: 03/14/2022
Signatory's Name: /Kalman Fishman/
Signatory's Position: CEO
Signatory's Phone Number: 4234044891
Signature method: Sent to third party for signature
Payment Sale Number: 97310663
Payment Accounting Date: 03/14/2022

Serial Number: 97310663
Internet Transmission Date: Mon Mar 14 13:00:39 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220314130039644
441-97310663-820a3a25ffa1dcbe0f7ded947b1
ab6c92a622336ba322f55c5b0e84978df10f29d-
CC-00384306-20220314100224991678