TEAS Petition to Revive SOU

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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: MEDLINE (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86488830/large)
SERIAL NUMBER: 86488830

PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice of Allowance was received by applicant.

EXTENSION OF TIME TO FILE STATEMENT OF USE
The applicant, Medline Industries, Inc., having an address of
      One Medline Place
      Mundelein, Illinois 60060
      United States
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 07/07/2015.

The applicant is filing extension number(s): 2
The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development


For International Class 003:
Current identification: Non-medicated personal hygiene and personal care products, and preparations, namely, moisturizers, hand and body lotions, skin creams, sun block preparations, shampoo, skin cleansers, hand cleansers; mouthwash and castille skin soap; Personal shampooing system consisting of rinse free shampoo and conditioner for personal hygiene, and cap in insulated package; patient kits containing non-medicated personal care items, namely, lip balm, eye masks, ear plugs, door handle signs, journals, puzzle books, and pencils; enzymatic cleaner for surgical instruments

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 005:
Current identification: Medicated, medical, pharmaceutical, dental and sanitary preparations and products, namely, medicated skin care preparations, cleansers for skin and wounds, anti-fungal creams and powders, anti-microbial soap, no-rinse head and body cleanser; wound care products, namely, dressings, adhesive bandages, medical and surgical adhesive tape, gauze, nylon strips, topical first aid gel, topical gel for medical and therapeutic treatment of wound care; sanitary belts, sanitary pads, tampons, oral wound rinse, pre-moistened medical wipes, air deodorizers, disinfectants for hygienic and sanitary purposes, disinfectants for medical instruments, incontinence pads, adult diapers, nutritional and dietary supplements in powder and liquid form, disinfectant wipes made of fabric or paper, skin lotions, skin creams and skin ointments for medical use, cataract eye care kits composed of eye washes and protective glasses; disposable liners for use with disposable incontinent briefs and undergarments; Irrigation and urology solutions, namely, saline solutions; preparations for medical use, namely, isopropyl alcohol, alcohol treated prep pads, hydrogen peroxide, lubricating jelly, sitz bath, and providone/iodine solutions; and re-usable incontinence garments; enema preparations, laxatives; incontinence garments; foam wound dressings; all-purpose deodorizing preparations for household, commercial or industrial use; adhesive bandages containing zinc; edible gels for tablets, capsules and pills to make them more palatable and easier to swallow; medical dressings, namely, absorbable surgical hemostats for control of bleeding; medical adhesives for binding wounds; ultrasound gel; incontinence garments and pads; disposable diapers for incontinence; cloth diapers for adults

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 009:
Current identification: Thermometers, thermometer sheaths and scales; body mass index calculators; safety alarms for medical use; protective gloves for use in industrial, laboratory and cleanroom environments

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 010:
Current identification: Medical devices, namely, dressing change trays, alternating pressure pumps, and pads, disposable bedside bags, single-use cold and hot compresses, adhesive tape removal pads, enternal gravity feeding apparatus, sharps containers, skin scrub trays, bio-hazard bags for storing medical waste, resting electrodes, I.V. start kits consisting essentially of catheters, catheter placement device, tape, tourniquet, iodine prep capsule, alcohol swab, gauze, sponges, ointments, adhesive bandages, and identification labels; and shaving preparation sets comprised essentially of disposable razor and shaving cream; surgical, medical and dental apparatus, instruments, appliances, and supplies, namely, needle holders, I.V. needle caps, surgical blade handles, and forceps; electrosurgical products for medical use, namely, electrosurgical generators, electrosurgical pencils, and medical electrodes; surgical shears and spreaders; endoscopic instruments; neurosurgery instruments, namely, retractors, saws, dissectors, and elevators; rectal, lacrimal, and disposable oximeter probes; medical and surgical scissors; medical instrument stringers and holders; surgical instrument identification tape and sheets; speculums; anesthesia masks; oxygen masks, oxygen tubing and bags, oxygen regulators, oxygen conservers and concentrators, and oximeters all for medical applications; respiratory regulators for artificial respiration, nasal aspirators; blood transfer and collection sets comprising blood collection tube holders, needles, gauges, and I.V. catheters; injection instruments with needles; bath guards for physical therapy and rehabilitation purposes; glucose monitoring systems comprising meter, case, test strips, control solutions, and lancing devices; opthalmoscopes; otoscopes; disposable pen lights for medical use; stethoscopes; vital signs monitors; nebulizers; medical patient alarms and monitoring devices for monitoring patient or resident movement; hand protectors to prevent tube removal or tampering; stretchers and belts therefor; intravenous feeding tubes; containers, brackets and cabinets for medical waste; medical bags adapted for and sold with medical and surgical instruments; plastic bags for transmitting medical specimens; medical bags sold empty; paper bags and envelopes for sterilizing medical instruments; sterilization trays and containers; silicone mats for sterilization trays; containers specifically adapted for the transport of medical waste; guards, trays and covers specifically adapted for medical instruments; sterile procedure kits composed of pouches and tubing for use in steam/gas sterilization; sterilization monitoring products for use in monitoring sterility of medical instruments; sterilization wrap for medical instruments; reusable medical electrodes; medical furniture, namely, overbed tables and footstools; supports for general medical use; canes for medical purposes; crutches; invalid walkers and lifts; patient examination and/or treatment tables; medical patient treatment chairs; medical chart holders; medical carts and accessories, namely, cups dispensers, magnetic flex lights, bin labels, medication cart cassettes; urine collector and specimen containers for medical use; I.V. stands for medical use; protective drapes for operating room and medical treatment and apparel for medical use; catheter trays; irrigation trays for medical use; dressing change trays for medical use; medical kits comprising combinations of medical instruments, namely, forceps, hemostats, curettes, speculae, clamps, scalpels, specimen tubes, and wound dressings; patient prep materials, namely, medical gloves, cotton-tipped applicators for medical use, wash basins for medical use, urinals for medical purposes, bedpans, medicine cups, medical specimen collectors, denture containers, and orthodontic pacifiers; medical hosiery, namely, elastic hose supporters, knee high hose and thigh high hose; elastic bandages and wraps; abdominal pads; padding for orthopedic casts; incontinence sheets and underpads used for bedding; disposable armboards; Hospital and surgical instruments, namely, syringes and needles; surgical scalpels and blades; suction absorbent cotton balls and sponges; stomach tubes; catheters and catheter trays; emesis basins and covers; latex bulbs; finger splints; nipple caps; plastic bandages; pelvic traction belts; clavicle straps and pads; enema kits comprising enema apparatus and enema preparations; respiratory equipment for infants; gauze packing strips; gauze tubing; cloth medical dressing; bed equipment for surgery; rubber bags for use in connection with respiratory equipment; blood pressure measuring equipment; sterilizers; sanitary urinals; stitch pincers; surgical scissors; blood lancets; suture removal kits; specimen containers; splints; intravenous arm boards; blood collectors; oral and rectal thermometers; percussion hammers for medical use; irrigation trays; stopcocks; medicine droppers; observation tube glass; surgical instruments; needles and stylets; drainage bags; crutch tips; porous tapes; swabs; pan covers; face masks; surgical gloves; wrist restraints; X-ray detectable woven gauze sponges; Medical apparatus, namely, foam wedges and underpads for use with low-friction sheets for use in moving, positioning and transfer of patients to, from, or on a bed, stretcher, gurney or floor; elastic bandages; disposable endoscope transportation trays; floor mats used during operations and other medical procedures; bath safety products adapted for use by the physically disabled, namely, shower chair, shower stools, toilet safety frames, toile safety rails, transfer benches, raised toilet seats, shower rails and grab bars, bedside commodes; medical products, namely, cannulated screw system comprised of implantable screws and associated surgical instruments; medical braces for elbow, knee, supports for back, knee, ankle and wrist for medical use; compression bandages; Surgical and medical apparatus and instruments for use in general surgery; Medical apparatus and instruments for use in surgery; surgical gowns and garments; Hospital garments for hospital personnel, namely, medical wearing apparel, namely, scrubs shirts and medical gowns, scrub pants, uniforms, coats, lab coats, jackets; orthotic heel protectors with stretch panels that help prevent ulcers and foot drop; pneumatic compression pumps, sleeves, and tubing sets used to help reduce incidence of deep vein thrombosis; medical products, namely, cannulated screw system comprised of implantable screws and associated surgical instruments

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 011:
Current identification: Lavatory seats; commodes; toilet accessory, namely, a device that is affixed to the inner portion of the toilet bowl used for catching non-flushable materials in toilets

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 012:
Current identification: Motorized scooters, wheelchairs and wheelchair accessories, namely, break handle extensions, I V and oxygen tank holders, adjustable removal arms; utility and hamper carts, carts; Carts, namely, mobile storage carts for use in providing storage, organization and easy access to supplies necessary during medical procedures; wheelchairs; janitor carts

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 016:
Current identification: Toilet paper, toilet seat cover paper, paper towels, label printing machines; facial tissue; trash bags

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 020:
Current identification: Pillows; non-metal identification bands for hospital use; hospital, laboratory, office and residential beds and furniture; hospital beds

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 021:
Current identification: Disposable gloves for general use; industrial and household gloves; serving trays not of precious metal, wash basins and soap dishes, bath products, namely, body sponges and loofah sponges; disposable vinyl and nitrile gloves for general use; cleaning pads, namely, flat absorbent pads used to control and absorb liquid spills; dispensers for cleaning preparations and solutions; mops, cleaning cloths; mops, cleaning cloths

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 022:
Current identification: Laundry bags

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 024:
Current identification: Textile articles for use in hospitals, namely, bedspreads and bed blankets, mattress pads, mattress covers; bed sheets and pillowcases, towels, blankets, quilts, bath towels, washcloths; mattress underpads used for bedding; protective covers for pillows, mattresses and sheets; bed sheets for use as sanitary coverings; stockinette fabric; bleached broadcloth fabric; gauze fabric; fabrics for use in the manufacture of curtains and draperies; textile fabrics for use in the manufacture of medical apparel, shoe covers, boots, laundry bags and mayo stand covers; bed sheets of paper

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 025:
Current identification: Hospital garments for patients, namely, shirts, pants, pajamas, robes, slippers, leggings, vests

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 027:
Current identification: Paper bath mats

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 035:
Current identification: Procedure-based supply management services and inventory control and business management report services; mail order services featuring medical devices and pharmaceutical supplies for use in the health care field

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 044:
Current identification: Providing health information

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $2250 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $2350 will be submitted.

Petition




Signature: /alex liberman/ Date Signed: 07/21/2016
Signatory's Name: alex liberman
Signatory's Position: general counsel
Signatory's Phone: 8479493015
Declaration

DECLARATION: 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 the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /alex liberman/ Date Signed: 07/21/2016
Signatory's Name: Alex Liberman
Signatory's Position: general counsel
Signatory's Phone: 8479493015

Serial Number: 86488830
Internet Transmission Date: Thu Jul 21 09:45:29 EDT 2016
TEAS Stamp: USPTO/PSE-XXX.XX.XX.XXX-2016072109452991
2782-86488830-5509648fc1289c1bfa69494265
51dbc5fbb12703722c3325e49958eefa0e7a49a1
e-DA-9900-20160721073729760597