TEAS Plus New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 88291623

Filing Date: 02/06/2019

To the Commissioner for Trademarks:

MARK: POP IT (Standard Characters, see mark)
The mark in your application is POP IT.


The applicant, Lee Memorial Health System, a a political subdivision of the State of Florida - special district created by the Florida legislature to operate, control and maintain public hospitals and other healthcare facilities in Southwest Florida pursuant to Chapter 63-1552, Laws of Florida (1963), as amended by Chapter 2000-439, 1, Law of Florida (2000) legally organized under the laws of Florida, having an address of
      2800 Cleveland Avenue
      Fort Myers, Florida 33901
      United States
      239-992-6578(phone)
      239-992-9328(fax)
      XXXX (not authorized)

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 016:  Educational publications, namely, manuals, posters, and educational booklets outlining safe and effective techniques and tools in the fields of pain management for children; Printed publications, namely, brochures, booklets, and teaching materials in the field of safe and effective pain management for children

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 016, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2017, and first used in commerce at least as early as 03/01/2017, 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) Printed publication from teaching materials used for medical personnel.

Original PDF file:
SPE0-7411823817-20190206163850885684_._Class_16_Specimen_-_printed_program_pages.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Educational services, namely, providing seminars, workshops, and classes in the fields of child pain management techniques and tools

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2017, and first used in commerce at least as early as 03/01/2017, 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) Educational materials used in workshops, seminars and classes for teaching pain management techniques and tools for children.

Original PDF file:
SPE0-7411823817-20190206163850885684_._Class_41_Specimen_-_educational_seminar_handouts.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 044:  Medical services, namely, the treatment and management of pain for children

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/01/2017, and first used in commerce at least as early as 03/01/2017, 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) Use of POP IT in medical services to reduce patient stress and anxiety; using POP IT during invasive procedures to increase patient comfort.

Original PDF file:
SPE0-7411823817-20190206163850885684_._Class_44_Specimen_-_medical_services.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For informational purposes only, applicant's website address is: www.leehealth.org
The applicant's current Attorney Information:
      Donna M. Flammang, Esquire and Donna M. Flammang, Esquire of Brennan, Manna & Diamond, P.L.
      27200 Riverview Center Boulevard
      27200 Riverview Center Boulevard, Suite
      Bonita Springs, Florida 34134
      United States
      239-992-6578(phone)
      239-992-9328(fax)
      dmflammang@bmdpl.com (authorized)

The applicant's current Correspondence Information:

Donna M. Flammang, Esquire

Brennan, Manna & Diamond, P.L.

27200 Riverview Center Boulevard       27200 Riverview Center Boulevard, Suite

Bonita Springs, Florida 34134

239-992-6578(phone)

239-992-9328(fax)

dmflammang@bmdpl.com;trademarks@bmdllc.com; acroczko@bmdpl.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $675 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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.
	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 the application or submission 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: /Donna M. Flammang/   Date: 02/06/2019
Signatory's Name: Donna M. Flammang
Signatory's Position: Attorney of Record
Signatory's Phone Number: 239-992-6578
Payment Sale Number: 88291623
Payment Accounting Date: 02/07/2019

Serial Number: 88291623
Internet Transmission Date: Wed Feb 06 17:13:26 EST 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2019020617132655
4872-88291623-62029d2cdf6dd7c917c137911d
2b857c9caaa5f57a5fda6d8b418e48bbfd33766a
-DA-4163-20190206163850885684