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: 97610553

Filing Date: 09/28/2022

To the Commissioner for Trademarks:

MARK: Embrace One (stylized and/or with design, see mark)
The literal element of the mark consists of Embrace One. The applicant is not claiming color as a feature of the mark. The mark consists of the phrase "Embrace One" with the "O" in "One" in the form of a circle having right and left halves separated from each other.
The applicant, BIOTRONIK SE & Co. KG, a kommanditgesellschaft (kg) legally organized under the laws of Germany, having an address of
      Woermannkehre 1
      Berlin 12359
      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:  Mobile apps; animated films; motion picture films; Computer application software for mobile phones; Downloadable media; Downloadable educational media; Downloadable multimedia files; Data processing equipment; Software; data storage programs; computer software for collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; computer application software for mobile phones, namely, software for use in mobile apps, animated films, motion picture films, data storage, data editing, data organizing, data modifying, data transmission, data sharing; recordable and downloadable media; data processing equipment, programs and software
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 041:  Providing a website featuring non-downloadable publications in the nature of books, magazines, brochures, pamphlets in the fields of treatment of neurological diseases; online electronic newsletters delivered by e-mail in the field of neurological diseases (not downloadable)
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 services, namely, services for patients and information relating to the medical field, namely, in the field of neurostimulation and pain management; Informational services in the field of medical health, health care and neurology
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: Bryan H. Opalko. Other appointed attorneys are Lynn J. Alstadt, Michael L. Dever, Ralph G. Fischer, Michael R. Stephenson, Jason P. Camillo, Craig G. Cochenour, Duane A. Stewart III, Carla J. Vrsansky; Robert L. Wagner; Kathleen M. Pointon. Bryan H. Opalko of Buchanan Ingersoll & Rooney PC, 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 200
      501 Grant Street
      Pittsburgh, Pennsylvania 15219
      United States
      412-562-1893(phone)
      412-562-1041(fax)
      bryan.opalko@bipc.com
The docket/reference number is 55955-000328.
Bryan H. Opalko 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:

Bryan H. Opalko

PRIMARY EMAIL FOR CORRESPONDENCE: bryan.opalko@bipc.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): deanna.durika@bipc.com; VickiCremonese@bipc.foundationip.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 $1050 has been submitted with the application, representing payment for 3 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: /Bryan H. Opalko/   Date: 09/28/2022
Signatory's Name: Bryan H. Opalko
Signatory's Position: Attorney of Record, Pennsylvania Bar Member
Signatory's Phone Number: 412-562-1893
Signature method: Sent to third party for signature
Payment Sale Number: 97610553
Payment Accounting Date: 09/28/2022

Serial Number: 97610553
Internet Transmission Date: Wed Sep 28 13:11:34 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202209281311366
63688-97610553-820c378e89226df6933fb625b
a1a7c29a77de8f3c67c353a708f463a25758f5e-
CC-11344053-20220928122241293827