PR-Section 8 and 9

PTM

VYAIRE MEDICAL CAPITAL LLC

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

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1963 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)

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


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 3834864
REGISTRATION DATE 08/17/2010
SERIAL NUMBER 77914649
MARK SECTION
MARK PTM (see, mark)
ATTORNEY INFORMATION (current)
NAME Joseph R. Dreitler
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME DREITLER TRUE LLC
STREET 19 E. Kossuth St.
CITY COLUMBUS
STATE Ohio
POSTAL CODE 43206
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 614-227-2343
FAX 614-227-2390
EMAIL trademarks@bricker.com
ATTORNEY INFORMATION (proposed)
NAME Barbara J Grahn
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Fox Rothschild LLP
INTERNAL ADDRESS Suite 2000
STREET 222 South Ninth St
CITY Minneapolis
STATE Minnesota
POSTAL CODE 55402
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 612-607-7325
FAX 612-607-7100
EMAIL bgrahn@foxrothschild.com
DOCKET/REFERENCE NUMBER 161982.00068
CORRESPONDENCE INFORMATION (current)
NAME Joseph R. Dreitler
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jdreitler@ustrademarklawyer.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) mtrue@ustrademarklawyer.com; ttrofino@ustrademarklawyer.com
CORRESPONDENCE INFORMATION (proposed)
NAME Barbara J Grahn
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE bgrahn@foxrothschild.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) ipdocket@foxrothschild.com; drodrigue@foxrothschild.com
DOCKET/REFERENCE NUMBER 161982.00068
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 010
GOODS OR SERVICES Computer monitor used in direct association with medical ventilators
SPECIMEN FILE NAME(S) \\TICRS\EXPORT18\IMAGEOUT 18\779\146\77914649\xml1 \ S890002.JPG
SPECIMEN DESCRIPTION photograph of the goods displaying the mark on the front panel of the monitor
OWNER SECTION (current)
NAME VYAIRE MEDICAL CAPITAL LLC
MAILING ADDRESS 26125 RIVERWOODS BLVD.
CITY METTAWA
STATE Illinois
ZIP/POSTAL CODE 60045
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME VYAIRE MEDICAL CAPITAL LLC
MAILING ADDRESS 26125 RIVERWOODS BLVD.
CITY METTAWA
STATE Illinois
ZIP/POSTAL CODE 60045
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE corporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Delaware
PAYMENT SECTION
NUMBER OF CLASSES 1
NUMBER OF CLASSES PAID 1
COMBINED §§ 8 & 9 DECLARATION/APPLICATION FILING FEE 425
TOTAL FEE PAID 425
SIGNATURE SECTION
SIGNATURE /bjg/
SIGNATORY'S NAME Barbara J Grahn
SIGNATORY'S POSITION Attorney of record, Minnesota bar member
DATE SIGNED 08/14/2020
SIGNATORY'S PHONE NUMBER 6126077325
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Fri Aug 14 14:44:24 ET 2020
TEAS STAMP USPTO/S08N09-XX.XX.XXX.XX
-20200814144424130829-383
4864-740a3c7c7bc19a088f8e
6c33072f67c321621b417ca3a
cc1812afa129e79682e0c1-CC
-44229870-202008141438208
69079



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1963 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)


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: 3834864
REGISTRATION DATE: 08/17/2010

MARK: PTM

Current: The owner, VYAIRE MEDICAL CAPITAL LLC, a corporation of Delaware, having an address of
      26125 RIVERWOODS BLVD.
      METTAWA, Illinois 60045
      United States

Proposed: The owner, VYAIRE MEDICAL CAPITAL LLC, a corporation of Delaware, having an address of
      26125 RIVERWOODS BLVD.
      METTAWA, Illinois 60045
      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: Computer monitor used in direct association with medical ventilators ; 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) photograph of the goods displaying the mark on the front panel of the monitor.
Specimen File1

The owner's/holder's current attorney information: Joseph R. Dreitler. Joseph R. Dreitler of DREITLER TRUE LLC, is located at

      19 E. Kossuth St.
      COLUMBUS, Ohio 43206
      United States

The phone number is 614-227-2343.

The fax number is 614-227-2390.

The email address is trademarks@bricker.com

The owner's/holder's proposed attorney information: Barbara J Grahn. Barbara J Grahn of Fox Rothschild LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 2000
      222 South Ninth St
      Minneapolis, Minnesota 55402
      United States
The docket/reference number is 161982.00068.

The phone number is 612-607-7325.

The fax number is 612-607-7100.

The email address is bgrahn@foxrothschild.com

Barbara J Grahn 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):
      Joseph R. Dreitler
      PRIMARY EMAIL FOR CORRESPONDENCE: jdreitler@ustrademarklawyer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtrue@ustrademarklawyer.com; ttrofino@ustrademarklawyer.com
Correspondence Information (proposed):
      Barbara J Grahn
      PRIMARY EMAIL FOR CORRESPONDENCE: bgrahn@foxrothschild.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket@foxrothschild.com; drodrigue@foxrothschild.com

The docket/reference number is 161982.00068.

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 $425 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: /bjg/    Date: 08/14/2020
Signatory's Name: Barbara J Grahn
Signatory's Position: Attorney of record, Minnesota bar member
Signatory's Phone: 6126077325

Mailing Address (current):
   DREITLER TRUE LLC
   19 E. Kossuth St.
   COLUMBUS, Ohio 43206

Mailing Address (proposed):
   Fox Rothschild LLP
   222 South Ninth St
   Minneapolis, Minnesota 55402

Serial Number: 77914649
Internet Transmission Date: Fri Aug 14 14:44:24 ET 2020
TEAS Stamp: USPTO/S08N09-XX.XX.XXX.XX-20200814144424
130829-3834864-740a3c7c7bc19a088f8e6c330
72f67c321621b417ca3acc1812afa129e79682e0
c1-CC-44229870-20200814143820869079

PR-Section 8 and 9 [image/jpeg]

PR-Section 8 and 9 [image/jpeg]


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