PR-Section 8 and 9

PTO- 1963

Approved for use through 10/31/2021. OMB 0651-0055

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- 1963

Approved for use through 10/31/2021. OMB 0651-0055

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

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2520122
REGISTRATION DATE: 12/18/2001

MARK: (Stylized and/or with Design, MERITS (see, mark))

Current: The owner, Merits Health Products, Inc., a corporation of Florida, having an address of
      730 N.E. 19th Place
      Cape Coral, Florida 33909
      United States

Proposed: The owner, Merits Health Products, Inc., a corporation of Florida, having an address of
      730 N.E. 19th Place
      Cape Coral, Florida 33909
      United States
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 012, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Manual wheelchairs and electrically powered personal mobility vehicles in the nature of electrically powered scooters for use principally by elderly, infirmed and disabled persons ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) mark shown associated with goods.

Original PDF file:
SPN0-19235139129-20210416 151042617703_._Specimens.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
The owner's/holder's current attorney information: Daniel R. Frijouf. Daniel R. Frijouf of Frijouf, Rust & Pyle, P.A., is located at

      201 East Davis Blvd
      Tampa, Florida 33606
      United States

The phone number is 813.254.5100.

The fax number is 813.254.5400.

The email address is frijouf@frijouf.com

The owner's/holder's proposed attorney information: Michael T. Smith. Other appointed attorneys are Paul C. Lewis; Greg (Cheng-Khang) Hsu; Chad J. Billings; Alexander P. Taousakis. Michael T. Smith of BIRCH STEWART KOLASCH & BIRCH 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

      8110 Gatehouse Road, Suite 100 East
      Falls Church, Virginia 22042
      United States
The docket/reference number is 4299-1018US1.

The phone number is 703-205-8000.

The fax number is 703-205-8050.

The email address is mailroom@bskb.com

Michael T. Smith 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.Correspondence Information (current):
      Daniel R. Frijouf
      PRIMARY EMAIL FOR CORRESPONDENCE: frijouf@frijouf.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dan@frijouf.com
Correspondence Information (proposed):
      Michael T. Smith
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@bskb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4299-1018US1.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the 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 $525 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	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 this submission and the registration, 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.

Signature: /Michael T. Smith/    Date: 04/16/2021
Signatory's Name: Michael T. Smith
Signatory's Position: Authorized Attorney, WV Bar member
Signatory's Phone: 7032058000
Signature method: Sent to third party for signature


Mailing Address (current):
   Frijouf, Rust & Pyle, P.A.
   201 East Davis Blvd
   Tampa, Florida 33606

Mailing Address (proposed):
   BIRCH STEWART KOLASCH & BIRCH LLP
   8110 Gatehouse Road, Suite 100 East
   Falls Church, Virginia 22042

Serial Number: 76250929
Internet Transmission Date: Fri Apr 16 17:15:20 ET 2021
TEAS Stamp: USPTO/S08N09-XXX.XX.XXX.XXX-202104161715
20234563-2520122-770aedfb83dc6b4f76c55fd
435c85997a47aa98dcf97e58a2d72b77b4ab63c1
9a5-CC-15161265-20210416151042617703