TEAS RF 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

Serial Number: 88569580

Filing Date: 08/07/2019

To the Commissioner for Trademarks:

MARK: Miracle-EarENERGY (Standard Characters, see mark)
The literal element of the mark consists of Miracle-EarENERGY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Miracle-Ear, Inc., a corporation of Minnesota, having an address of
      Suite 2300
      150 South Fifth Street
      Minneapolis, Minnesota 55402
      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 010:  Hearing aids and their structural parts
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.

International Class 035:  Retail store services featuring hearing aids and accessories; business management services, business administration services, business consulting services; offering business management assistance in the establishment and operation of hearing goods retail stores
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.

International Class 044:  Audiological and hearing dispensing services, namely, hearing and hearing aid testing and advisory and consultancy services therefor; conducting hearing tests in retail stores; hearing aid fitting services,; hearing aid services
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 hereby appoints Cynthia A. Moyer. Other appointed attorneys are John Pickerill; Ann Wessberg; Courtney Thompson; Tracy Deutmeyer. Cynthia A. Moyer of Fredrikson & Byron, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 4000
      200 South Sixth Street
      Minneapolis, Minnesota 55402
      United States
      612-492-7167(phone)
      612-492-7077(fax)
      ip@fredlaw.com (authorized).
The attorney docket/reference number is 11869.923.
Cynthia A. Moyer submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

Cynthia A. Moyer

Fredrikson & Byron, P.A.

Suite 4000       200 South Sixth Street

Minneapolis, Minnesota 55402

612-492-7167(phone)

612-492-7077(fax)

ip@fredlaw.com; cmoyer@fredlaw.com; plarson@fredlaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 Reduced Fee 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 $825 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: /Cynthia A. Moyer/   Date: 08/07/2019
Signatory's Name: Cynthia A. Moyer
Signatory's Position: Attorney of record, MN bar member
Payment Sale Number: 88569580
Payment Accounting Date: 08/07/2019

Serial Number: 88569580
Internet Transmission Date: Wed Aug 07 12:16:55 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019080712165511
7218-88569580-61084e59715714cdb24302c802
77f6739c5cba69af1e46c7806154350f3b436b-C
C-16544524-20190807121536842963