PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

---

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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: 2922048
REGISTRATION DATE: 02/01/2005

MARK: LEVEL 1

The owner, SMITHS MEDICAL ASD, INC., a corporation of Delaware, having an address of
      1265 Grey Fox Road
      St. Paul, Minnesota 55112
      United States
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 010, 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: Medical apparatus, namely, convective warming medical blankets, and part and fittings therefor; devices for heating air and providing air flow to convective warming medical blankets, and parts and fittings therefor; medical normothermic irrigation system comprising a fluid warming unit, IV pole, laparascopic irrigation pump, pressurization adapter, and disposable infusion sets; fluid container lifter used for body temperature irrigating solutions; medical apparatus, namely, rapid infusion air detectors ; 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) copy of mark displayed on instruction for use sheet enclosed with packaging for the goods.

Original PDF file:
SPN0-6520722-20141010124700099923_._Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

For International Class 041, 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: Education and training services for healthcare professionals in the field of hypothermia prevention in the perioperative setting, patient care process improvement, and the benefits of patient temperature management ; 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) website printout.

Original PDF file:
SPN1-6520722-20141010124700099923_._Specimen_for_Class_41.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

For International Class 044, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.
The registrant's current Attorney Information: Julia Anne Matheson of  Finnegan Henderson et al, LLP
      901 New York Avenue, NW
      Washington, District of Columbia (DC) 20001
      United States
The docket/reference number is 11085.0111-0.

The registrant's proposed Attorney Information: Julia Anne Matheson of  Finnegan Henderson et al, LLP
      901 New York Avenue, NW
      Washington, District of Columbia (DC) 20001
      United States
The docket/reference number is 11085.0111-01.
The Other Appointed Attorney(s): all of the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.

The phone number is 2024084000.

The fax number is 2024084400.

The email address is docketing@finnegan.com.
The registrant's current Correspondence Information: Julia Anne Matheson of  Finnegan Henderson et al, LLP
      901 New York Avenue, NW
      Washington, District of Columbia (DC) 20001
      United States
The docket/reference number is 11085.0111-0.

The registrant's proposed Correspondence Information: Julia Anne Matheson of  Finnegan Henderson et al, LLP
      901 New York Avenue, NW
      Washington, District of Columbia (DC) 20001
      United States
The docket/reference number is 11085.0111-01.


The phone number is 2024084000.

The fax number is 2024084400.

The email address is docketing@finnegan.com.

A fee payment in the amount of $1000 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this submission, 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.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: /jflint/      Date: 10/13/2014
Signatory's Name: Jonathan Flint
Signatory's Position: Director, IP
Signatory's Phone Number: Use Phone No. for Registrant's Attorney of Record

Mailing Address (current):
   Finnegan Henderson et al, LLP
   901 New York Avenue, NW
   Washington, District of Columbia 20001

Mailing Address (proposed):
   Finnegan Henderson et al, LLP
   901 New York Avenue, NW
   Washington, District of Columbia 20001

Serial Number: 76517287
Internet Transmission Date: Mon Oct 13 09:24:27 EDT 2014
TEAS Stamp: USPTO/S08N09-XX.XXX.X.X-2014101309242762
3219-2922048-500ab95866e8dfdf41e16ae3d4a
dccdcb72b73c5443f64d9b149571ed9358fbe8-C
C-7086-20141010124700099923