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: 4137272
REGISTRATION DATE: 05/08/2012

MARK: SMARTVEST

Current: The owner, ELECTROMED, INC., a corporation of Minnesota, having an address of
      500 Sixth Avenue NW
      NEW PRAGUE, Minnesota 56071
      United States

Proposed: The owner, ELECTROMED, INC., a corporation of Minnesota, having an address of
      500 Sixth Avenue NW
      New Prague, Minnesota 56071
      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 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 devices, namely, medical body pulsing apparatus, namely, airway clearance systems comprising an air pulsing unit connected to a garment for providing air pressure and air pressure pulses to the upper body of a person to assist bodily functions including blood flow, muscle and nerve relaxation and loosening and eliminating mucus from the respiratory tract and lungs of a person ; 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) a picture of the mark as used directly on the goods.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
The owner's/holder's current attorney information: Timothy D. Sitzmann. Timothy D. Sitzmann of Winthrop & Weinstine, P.A., is located at

      Capella Tower Suite 3500
      225 South Sixth Street
      Minneapolis, Minnesota 55402
      United States

The phone number is 6126046689.

The fax number is 612-604-6989.

The email address is trademark@winthrop.com

The owner's/holder's proposed attorney information: Michael T. Olsen. Other appointed attorneys are Timothy D. Sitzmann, Brian R. Pollack, Nadeem W. Schwen, Alicia Griffin Mills, Alexander S. Park, and all other attorneys at the firm. Michael T. Olsen of Winthrop & Weinstine, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Capella Tower Suite 3500
      225 South Sixth Street
      Minneapolis, Minnesota 55402
      United States
The docket/reference number is 16740.21.

The phone number is 612-604-6718.

The fax number is 612-604-6800.

The email address is trademark@winthrop.com

Michael T. Olsen 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):
      Timothy D. Sitzmann
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tsitzmann@winthrop.com; molsen@winthrop.com; mmiller@winthrop.com
Correspondence Information (proposed):
      Michael T. Olsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tsitzmann@winthrop.com; molsen@winthrop.com; mmiller@winthrop.com

The docket/reference number is 16740.21.

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: /Kathleen S. Skarvan/    Date: 05/18/2021
Signatory's Name: Kathleen Skarvan
Signatory's Position: President and Chief Executive Officer
Signatory's Phone: xxxxxxxxxx
Signature method: Sent to third party for signature


Mailing Address (current):
   Winthrop & Weinstine, P.A.
   225 South Sixth Street
   Minneapolis, Minnesota 55402

Mailing Address (proposed):
   Winthrop & Weinstine, P.A.
   225 South Sixth Street
   Minneapolis, Minnesota 55402

Serial Number: 76705775
Internet Transmission Date: Tue May 18 16:53:20 ET 2021
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XXX-20210518165
320663060-4137272-780a98affb15a2e3ec8ae1
2dff8d618579bfc428b5663b6dde897b9fef3e9d
83a-CC-53162532-20210518154954720225