TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86812758

Filing Date: 11/06/2015

To the Commissioner for Trademarks:

MARK: ETYMOTIC (Standard Characters, see mark)
The literal element of the mark consists of ETYMOTIC.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Etymotic Research, Inc., a corporation of Illinois, having an address of
      61 Martin Lane
      Elk Grove Village, Illinois 60007
      United States


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  earphones and replacement parts therefor; hearing protection devices, namely, earplugs not for medical purposes and replacement parts therefor

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2009, and first used in commerce at least as early as 01/01/2009, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) images of Applicant's point of sale displays and product packaging.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

       International Class 010:  Medical equipment for testing hearing; hearing protecting devices, namely, insert earphones and earplugs for medical use; hearing aid devices and parts therefor

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2009, and first used in commerce at least as early as 01/01/2009, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) captured images of Applicant's point of sale displays and product packaging.
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3701494, 3167838, and 3317215.

The applicant's current Attorney Information:
      Ronald A DiCerbo of McAndrews, Held & Malloy

      34th Floor
      500 W Madison
      Chicago, Illinois 60661-4544
      United States

The applicant's current Correspondence Information:

Ronald A DiCerbo

McAndrews, Held & Malloy

34th Floor       500 W Madison

Chicago, Illinois 60661-4544

3127758000(phone)

trademarks@mcandrews-ip.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive. 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 any registration resulting therefrom, 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.

Declaration Signature

Signature: /RAD/   Date: 11/06/2015
Signatory's Name: Ronald A DiCerbo
Signatory's Position: Attorney of Record, Illinois Bar Member
RAM Sale Number: 86812758
RAM Accounting Date: 11/09/2015

Serial Number: 86812758
Internet Transmission Date: Fri Nov 06 23:51:18 EST 2015
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2015110623511808
8794-86812758-54040df7fd542cbc76438b4988
f7c932138dde85d2a4bd668bb5542da7943b-CC-
6501-20151106223457737738