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: 97716665

Filing Date: 12/14/2022

To the Commissioner for Trademarks:

MARK: ORBITS (Standard Characters, see mark)
The literal element of the mark consists of ORBITS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Christophe Deben, a citizen of Belgium, having an address of
      Rubensstraat 69
      Kontich 2550
      Belgium
      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:  Downloadable software as a Medical Device (SaMD); Downloadable medical software; Downloadable medical imaging software; Downloadable medical and scientific analysis software; Downloadable software for medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Downloadable cloud computing software for medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Downloadable computer software platforms for medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Downloadable software for analyzing microscopic images; Downloadable cloud computing software for analyzing microscopic images; Downloadable computer software platforms for analysing microscopic images; All the aforesaid in particular in the field of cancer research, cancer screening, cancer treatment and cancer diagnosis.

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 018727021, filed 07/01/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 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 018727021, and/or proof of renewal, registered 12/10/2022 with a renewal date of __________ and an expiration date of 07/01/2032, and translation thereof, if appropriate.

Original PDF file:
reg-2a02c7c6a06ea00f897da a0372e2e98-065143205_._-_ UA-213254-TM-EU_ORBITS__- _EUIPO_-_Registration_Cer tificate.pdf
Converted PDF file(s) (14 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
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

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:  Providing online, non-downloadable software for use as a medical device; Platform as a Service (PAAS) featuring computer software platforms for medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Cloud computing featuring software for use in medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Providing temporary use of on-line non-downloadable cloud computing software for medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Providing on-line non-downloadable software for medical imaging, image analysis, image storage, image transfer, drug screening, testing of pharmaceuticals and drug development; Software as a service (SAAS) services featuring software for medical imaging, image analysis, image storage and image transfer; Software as a service (SAAS) services featuring software for drug screening, testing of pharmaceuticals and drug development; Platform as a Service (PAAS) featuring computer software platforms for analyzing microscopic images; Cloud computing featuring software for use in analysing microscopic images; Providing temporary use of on-line on-downloadable cloud computing software for analysing microscopic images; Providing on-line non-downloadable software for analyzing microscopic images; Software as a service (SAAS) services featuring software for analyzing microscopic images; Medical laboratory services; Medical and scientific research in the field of medical imaging, image analysis, drug screening, testing of pharmaceuticals and drug development; Drug screening for scientific research purposes; Testing of pharmaceuticals; Drug discovery services; Pharmaceutical drug development services; Medical and scientific research, namely, conducting clinical trials for others; All the aforesaid also using artificial intelligence; All the aforesaid in particular in the field of cancer research, cancer screening, cancer treatment and cancer diagnosis.

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 018727021, filed 07/01/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 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 018727021, and/or proof of renewal, registered 12/10/2022 with a renewal date of __________ and an expiration date of 07/01/2032, and translation thereof, if appropriate.

Original PDF file:
reg-2a02c7c6a06ea00f897da a0372e2e98-065143205_._-_ UA-213254-TM-EU_ORBITS__- _EUIPO_-_Registration_Cer tificate.pdf
Converted PDF file(s) (14 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
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

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: Clifford D. Hyra. Other appointed attorneys are Fresh IP PLC. Clifford D. Hyra of Fresh IP PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      11710 Plaza America Drive Suite 2000
      Reston, Virginia 20190
      United States
      866-913-3499(phone)
      866-913-3501(fax)
      cliff@freship.com
The docket/reference number is HDCPA-T467US.
Clifford D. Hyra 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 hereby appoints Clifford D. Hyra of Fresh IP PLC
      11710 Plaza America Drive Suite 2000
      Reston Virginia 20190
      United States
      866-913-3499(phone)
      866-913-3501(fax)
      cliff@freship.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Clifford D. Hyra

PRIMARY EMAIL FOR CORRESPONDENCE: cliff@freship.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@freship.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 $700 has been submitted with the application, representing payment for 2 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: /Micah Gunn/   Date: 12/14/2022
Signatory's Name: Micah Gunn
Signatory's Position: Associate Attorney, Fresh IP PLC, CO Bar No.: 47934
Signatory's Phone Number: 866-913-3499
Signature method: Signed directly within the form
Payment Sale Number: 97716665
Payment Accounting Date: 12/14/2022

Serial Number: 97716665
Internet Transmission Date: Wed Dec 14 09:23:10 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20221214092311931
492-97716665-8508ab25581bb7fe157c28d2a68
fb66f042e2ef8b591c5e7ffd4d6688bd739fa8a-
CC-23103169-20221214091939218168