TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

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

---

PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 86816237

Filing Date: 11/11/2015

To the Commissioner for Trademarks:

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

The applicant, Diamond Mattress Company, Inc., a corporation of California, having an address of
      3112 Las Hermanas
      Compton, California 90221
      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 024:  Sleep products, namely, mattresses, mattress foundations, mattress protectors, bed linens, pillows and pillow protectors
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


The applicant's current Attorney Information:
      Brian P. Kinder of The Kinder Law Group, APC
      19200 Von Karman Ave., Fourth Floor
      Irvine, California 92612
      United States

The applicant's current Correspondence Information:

Brian P. Kinder

The Kinder Law Group, APC

19200 Von Karman Ave., Fourth Floor

Irvine, California 92612

949-216-3070(phone)

949-216-3074(fax)

bkinder@tklglaw.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 $275 has been submitted with the application, representing payment for 1 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: /Shaun Pennington/   Date: 11/10/2015
Signatory's Name: Shaun Pennington
Signatory's Position: President
RAM Sale Number: 86816237
RAM Accounting Date: 11/12/2015

Serial Number: 86816237
Internet Transmission Date: Wed Nov 11 10:29:00 EST 2015
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20151111102900214
258-86816237-54063adc309ae4bd67ac4c892b3
f53d54286be39f8fb9b7f39436356eb4d1f4-CC-
7612-20151110193053255383