Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: SMART TURN(Standard Characters, see http://uspto.report/TM/88314807/mark.png)
SERIAL NUMBER: 88314807
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: KAP Medical, having an address of
      1395 Pico Street
      Corona, California 92881
      United States
Proposed: KAP Medical, having an address of
      1395 Pico Street
      Corona, California 92881
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 010:
Current identification: Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, pads, seats, cushions, pillows and therapeutic overlays; compression cuffs for medical purposes

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: seats, cushions, pillows compression cuffs

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, pads, and therapeutic overlays for medical purposes
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) a photo showing Applicant's mattress product along with the mark as displayed on the mattresses connected control panel.
Specimen File1
Specimen File2
Specimen File3


For International Class 020:
Current identification: Bed frames

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 10
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 20
Correspondence Information (current):
      JAMES J. SAUL
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@faegredrinker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): james.saul@faegredrinker.com

The docket/reference number is 135606.81.
Correspondence Information (proposed):
      James J. Saul
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@faegredrinker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): james.saul@faegredrinker.com; abe.shanehsaz@faegredrinker.com; patricia.odonoghue@faegredrinker.com

The docket/reference number is 135606.81.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

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

A fee payment in the amount of $275 will be submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, 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 all the goods/services/collective membership organization in the application or 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 all goods/services in the application or 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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.

Signature: /David Lewis/      Date Signed: 08/13/2020
Signatory's Name: David Lewis
Signatory's Position: Duly Authorized Officer
Signatory's Phone: 9513404360

Request to Divide Signature


Signature: /Abe J. Shanehsaz/    Date: 08/13/2020
Signatory's Name: Abe Shanehsaz
Signatory's Position: Attorney of Record, Indiana bar member

Signatory's Phone: 3172371029


RAM Sale Number: 88314807
RAM Accounting Date: 08/13/2020

Serial Number: 88314807
Internet Transmission Date: Thu Aug 13 14:52:45 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20200813145245
991246-88314807-7403e1620f58d3a3c17f9e4b
04aeade844cc52d7e5e58b23e12610d479bb3778
-CC-52434752-20200812114729005835