PR-Section 8 and 9

INVACARE

Invacare Corporation

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

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


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 2840082
REGISTRATION DATE 05/11/2004
SERIAL NUMBER 78172572
MARK SECTION
MARK INVACARE (stylized and/or with design)
CORRESPONDENCE SECTION (current)
NAME INVACARE CORPORATION
FIRM NAME Legal Department
STREET ONE INVACARE WAY
CITY ELYRIA
STATE Ohio
POSTAL CODE 44036
COUNTRY United States
PHONE 440-329-6000
FAX 440-329-6975
EMAIL ip@invacare.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME INVACARE CORPORATION
INTERNAL ADDRESS LEGAL
STREET ONE INVACARE WAY
CITY ELYRIA
STATE Ohio
POSTAL CODE 44035
COUNTRY United States
PHONE 440-329-6000
FAX 440-329-6975
EMAIL ip@invacare.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 009
GOODS OR SERVICES Oxygen sensing devices, namely, sensors to measure oxygen output concentration, for concentrators; electric batteries for wheelchairs and battery chargers; electronic components, namely, driving control modules for powered wheelchairs; computer software for designing custom-molded seating
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\781\725\78172572\xml2\ S890002.JPG
SPECIMEN DESCRIPTION Digital photograph shown of mark as used on an oxygen sensing device.
INTERNATIONAL CLASS 010
GOODS OR SERVICES Medical goods, namely, patient care and safety apparatus in the nature of motorized and manually adjustable beds for home and institutional patient care for invalids and physically disabled persons, overbed tables, patient and invalid lifts, stand-up patient and invalid lifts, full-body slings, bed rails, mattresses for rotation therapy; orthopedic support devices for therapeutic use, namely, hand held shower devices in the nature of shower heads and sprayers, tub spouts, diverter valves for showers, lumbar cushions, seating cushions, positioning rolls for patients, invalids and physically challenged persons, grab bars, tub safety bars, shower chairs, toilet safety frames adapted for patients and disabled persons, adjustable toilet seats adapted for patients and disabled persons, raised toilet seats adapted for patients and disabled persons, commodes adapted for patients and disabled persons, bathing seats, bathing benches, tub islands and tub grips; mobility equipment for medical purposes, namely, canes, cane tips, patient and invalid walkers and accessories therefor, rollators, crutches, crutch pads and tips; respiratory products for medical purposes, namely, aerosol therapy products in the nature of compressors, nebulizers and accessories, aspirators, compressed oxygen systems primarily comprised of oxygen cylinders, regulators, conserving devices and refilling units, liquid oxygen systems primarily comprised of oxygen dewars and portable oxygen dispensers, oxygen concentrators, oxygen conserving devices in the nature of demand, variable, volume and fixed volume devices, nebulizers, nebulized compressors for respiratory therapy, patient monitoring systems primarily comprised of pulse oximeters and capnometers, sleep therapy products in the nature of positive airway pressure devices and accessories therefor, portable demand oxygen delivery devices for respiratory therapy
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\781\725\78172572\xml2\ S890003.JPG
SPECIMEN DESCRIPTION Digital photograph shown of mark as used on an oxygen concentrator.
INTERNATIONAL CLASS 012
GOODS OR SERVICES Adult and pediatric wheelchairs, adult and pediatric custom manual wheelchairs, adult and pediatric power wheelchairs and parts and accessories for all the aforementioned goods; tilt and recline mechanisms and electronic controls therefor, all sold as a unit, and all for wheelchairs; motorized personal mobility vehicles, namely, scooters; seating and positioning products for wheelchairs and home healthcare use, namely, individual seat supports and back support combinations, anti-thrust cushions, solid seats, solid seats with fluid inserts, head supports, hip and thigh stabilizers, hip abductors, pelvic stabilizers, thoracic supports, shoulder retractors, support belts, and wheelchair trays; bicycles and tricycles
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\781\725\78172572\xml2\ S890004.JPG
SPECIMEN DESCRIPTION Digital photograph shown of mark as used on a wheelchair
INTERNATIONAL CLASS 035
GOODS OR SERVICES Providing an incentive marketing program to dealers of home health care products, namely, assistance with advertising, merchandising, reimbursement monitoring, and accreditation assistance; computerized on-line ordering services in the field of durable medical equipment
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\781\725\78172572\xml2\ S890005.JPG
SPECIMEN DESCRIPTION Image showing mark as used on the online tool to assist dealers in marketing and merchandising.
INTERNATIONAL CLASS 040
GOODS OR SERVICES Molding and shaping of wheelchair cushions individually for each user
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\781\725\78172572\xml2\ S890006.JPG
SPECIMEN DESCRIPTION Image showing mark as used in the marketing brochure, describing the molding and shaping of wheelchair cushions
INTERNATIONAL CLASS 041
GOODS OR SERVICES Providing an on-line catalog in the field of durable medical equipment
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\781\725\78172572\xml2\ S890007.JPG
SPECIMEN DESCRIPTION Image showing mark as used on the online product catalog on the website.
OWNER SECTION (current)
NAME PNC BANK, NATIONAL ASSOCIATION
STREET 249 FIFTH AVENUE
CITY PITTSBURGH
STATE Pennsylvania
ZIP/POSTAL CODE 15222
COUNTRY United States
OWNER SECTION (proposed)
NAME INVACARE CORPORATION
INTERNAL ADDRESS LEGAL
STREET ONE INVACARE WAY
CITY ELYRIA
STATE Ohio
ZIP/POSTAL CODE 44035
COUNTRY United States
PHONE 440-329-6000
FAX 440-329-6975
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE BANK
LEGAL ENTITY SECTION (proposed)
TYPE corporation
STATE/COUNTRY OF INCORPORATION Ohio
PAYMENT SECTION
NUMBER OF CLASSES 6
NUMBER OF CLASSES PAID 6
SUBTOTAL AMOUNT 3000
GRACE PERIOD 1200
TOTAL FEE PAID 4200
SIGNATURE SECTION
SIGNATURE /pratima ungarala/
SIGNATORY'S NAME Pratima Ungarala
SIGNATORY'S POSITION Associate Counsel - IP
DATE SIGNED 05/27/2014
SIGNATORY'S PHONE NUMBER 440-329-6175
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Tue May 27 11:06:13 EDT 2014
TEAS STAMP USPTO/S08N09-XXX.XXX.XXX.
XX-20140527110613605592-2
840082-500b3148aa1db2fa4d
25abb4b645c4256f0d6a51213
65a7757bad73af0a74b5c29-C
C-10214-20140527102530834
560



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: 2840082
REGISTRATION DATE: 05/11/2004

MARK: (Stylized and/or with Design, INVACARE)

The owner, INVACARE CORPORATION, a corporation of Ohio, having an address of
      LEGAL
      ONE INVACARE WAY
      ELYRIA, Ohio 44035
      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 009, 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: Oxygen sensing devices, namely, sensors to measure oxygen output concentration, for concentrators; electric batteries for wheelchairs and battery chargers; electronic components, namely, driving control modules for powered wheelchairs; computer software for designing custom-molded seating ; 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) Digital photograph shown of mark as used on an oxygen sensing device..
Specimen File1

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 goods, namely, patient care and safety apparatus in the nature of motorized and manually adjustable beds for home and institutional patient care for invalids and physically disabled persons, overbed tables, patient and invalid lifts, stand-up patient and invalid lifts, full-body slings, bed rails, mattresses for rotation therapy; orthopedic support devices for therapeutic use, namely, hand held shower devices in the nature of shower heads and sprayers, tub spouts, diverter valves for showers, lumbar cushions, seating cushions, positioning rolls for patients, invalids and physically challenged persons, grab bars, tub safety bars, shower chairs, toilet safety frames adapted for patients and disabled persons, adjustable toilet seats adapted for patients and disabled persons, raised toilet seats adapted for patients and disabled persons, commodes adapted for patients and disabled persons, bathing seats, bathing benches, tub islands and tub grips; mobility equipment for medical purposes, namely, canes, cane tips, patient and invalid walkers and accessories therefor, rollators, crutches, crutch pads and tips; respiratory products for medical purposes, namely, aerosol therapy products in the nature of compressors, nebulizers and accessories, aspirators, compressed oxygen systems primarily comprised of oxygen cylinders, regulators, conserving devices and refilling units, liquid oxygen systems primarily comprised of oxygen dewars and portable oxygen dispensers, oxygen concentrators, oxygen conserving devices in the nature of demand, variable, volume and fixed volume devices, nebulizers, nebulized compressors for respiratory therapy, patient monitoring systems primarily comprised of pulse oximeters and capnometers, sleep therapy products in the nature of positive airway pressure devices and accessories therefor, portable demand oxygen delivery devices for respiratory therapy ; 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) Digital photograph shown of mark as used on an oxygen concentrator..
Specimen File1

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: Adult and pediatric wheelchairs, adult and pediatric custom manual wheelchairs, adult and pediatric power wheelchairs and parts and accessories for all the aforementioned goods; tilt and recline mechanisms and electronic controls therefor, all sold as a unit, and all for wheelchairs; motorized personal mobility vehicles, namely, scooters; seating and positioning products for wheelchairs and home healthcare use, namely, individual seat supports and back support combinations, anti-thrust cushions, solid seats, solid seats with fluid inserts, head supports, hip and thigh stabilizers, hip abductors, pelvic stabilizers, thoracic supports, shoulder retractors, support belts, and wheelchair trays; bicycles and tricycles ; 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) Digital photograph shown of mark as used on a wheelchair.
Specimen File1

For International Class 035, 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: Providing an incentive marketing program to dealers of home health care products, namely, assistance with advertising, merchandising, reimbursement monitoring, and accreditation assistance; computerized on-line ordering services in the field of durable medical equipment ; 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) Image showing mark as used on the online tool to assist dealers in marketing and merchandising..
Specimen File1

For International Class 040, 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: Molding and shaping of wheelchair cushions individually for each user ; 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) Image showing mark as used in the marketing brochure, describing the molding and shaping of wheelchair cushions.
Specimen File1

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: Providing an on-line catalog in the field of durable medical equipment ; 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) Image showing mark as used on the online product catalog on the website..
Specimen File1
The registrant's current Correspondence Information: INVACARE CORPORATION of  Legal Department
      ONE INVACARE WAY
      ELYRIA, Ohio (OH) 44036
      United States


The registrant's proposed Correspondence Information: INVACARE CORPORATION
      LEGAL
      ONE INVACARE WAY
      ELYRIA, Ohio (OH) 44035
      United States



The phone number is 440-329-6000.

The fax number is 440-329-6975.

The email address is ip@invacare.com.

A fee payment in the amount of $4200 will be submitted with the form, representing payment for 6 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: /pratima ungarala/      Date: 05/27/2014
Signatory's Name: Pratima Ungarala
Signatory's Position: Associate Counsel - IP
Signatory's Phone Number: 440-329-6175

Serial Number: 78172572
Internet Transmission Date: Tue May 27 11:06:13 EDT 2014
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-201405271106
13605592-2840082-500b3148aa1db2fa4d25abb
4b645c4256f0d6a5121365a7757bad73af0a74b5
c29-CC-10214-20140527102530834560

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