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

---

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: 98006973

Filing Date: 05/22/2023

To the Commissioner for Trademarks:

MARK: DIAMOND (Standard Characters, see mark)
The literal element of the mark consists of DIAMOND. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Establishment Labs S.A., a sociedad anonima (sa) legally organized under the laws of Costa Rica, having an address of
      Edificio B-15
      La Garita, Zona Franca El Coyol
      Alajuela
      Costa Rica
      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:  Surgical and medical instruments and apparatus, namely, implants, injectors, retractors, insertion sleeves, used in minimally invasive cosmetic or reconstructive breast surgical procedures
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 Costa Rica registration number 285949, and/or proof of renewal, registered 01/23/2020 with a renewal date of __________ and an expiration date of 01/23/2030, and translation thereof, if appropriate.

Original PDF file:
reg-1362811843-124237691_ ._Diamond_certificate.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1



Miscellaneous Statement
Attached is the English translation of the Costa Rican Certificate of Registration

Original PDF file:
MIS-1362811843-2023051812 4237691583_._Translation_ of_Reg._No._285949.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2


The owner's/holder's proposed attorney information: Richard Guerra. Richard Guerra of The Brickell IP Group, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      South Tower, Ste. 800
      1101 Brickell Ave.
      Miami, Florida 33131
      United States
      rguerra@brickellip.com
The docket/reference number is 00124-00040.
Richard Guerra 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:

Richard Guerra

PRIMARY EMAIL FOR CORRESPONDENCE: rguerra@brickellip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): admin@brickellip.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: /Richard Guerra/   Date: 05/22/2023
Signatory's Name: Richard Guerra
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 98006973
Payment Accounting Date: 05/22/2023

Serial Number: 98006973
Internet Transmission Date: Mon May 22 13:11:40 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230522131141480947-98006973-
860642117396ca64970e0ca4d5cb1f10219c8a84
558dc0caffc1c225939b46f21c-CC-11408839-2
0230522130833932805