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: 88665400

Filing Date: 10/23/2019

To the Commissioner for Trademarks:

MARK: MATRX PLUS (Standard Characters, see mark)
The literal element of the mark consists of MATRX PLUS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Zephyr Sleep Technologies, Inc., a corporation of Canada, having an address of
      #102, 701 - 64th Ave. SE
      Calgary, Alberta T2H2C3
      Canada

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:  Device for monitoring an individual's breathing and monitoring and controlling a dental device in use by the individual; Device for monitoring and controlling the position of a dental device placed in an individual's mouth; Device for monitoring and controlling the position of a dental device placed in an individual's mouth for informing sleep disordered breathing treatment decisions; System used for the monitoring of sleep disordered breathing including device for monitoring and controlling the position of a dental device placed in an individual's mouth and the dental device for placement in the individual's mouth; Device used for the treatment of sleep disordered breathing; Device used for the study of sleep disordered breathing; Dental device for the treatment of sleep disordered breathing; Dental device used for jaw movement in field of sleep disordered breathing study

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 03/31/2015, and first used in commerce at least as early as 01/01/2017, 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) Picture of packaging for the system bearing the mark.
Specimen File1



The applicant hereby appoints Lisa C. Pavento. Other appointed attorneys are Bjorn G. Anderson, Stephen M. Schaetzel, Anthony B. Askew and other appointed attorneys. Lisa C. Pavento of Meunier Carlin & Curfman LLC, 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 1300
      999 Peachtree St. NE
      Atlanta, Georgia 30309
      United States
      404-645-7700(phone)
      404-645-7707(fax)
      docketing@mcciplaw.com (authorized).
The attorney docket/reference number is 10116-801US1.
Lisa C. Pavento submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Lisa C. Pavento

Meunier Carlin & Curfman LLC

Suite 1300       999 Peachtree St. NE

Atlanta, Georgia 30309

404-645-7700(phone)

404-645-7707(fax)

docketing@mcciplaw.com; lpavento@mcciplaw.com; ksvenson@mcciplaw.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 $275 has been submitted with the application, representing payment for 1 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: /Kathy Falla/   Date: 10/23/2019
Signatory's Name: Kathy Falla
Signatory's Position: VP Finance and Admin
Payment Sale Number: 88665400
Payment Accounting Date: 10/23/2019

Serial Number: 88665400
Internet Transmission Date: Wed Oct 23 13:59:38 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.X.XX-20191023135938478
093-88665400-6103ae6a44ce62759a248daf169
554cbfb34a463293ee9eb944e024c2917753-CC-
59379260-20191022125840790855