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: 88841708

Filing Date: 03/20/020

To the Commissioner for Trademarks:

MARK: SMART TURN (stylized and/or with design, see mark)
The literal element of the mark consists of SMART TURN. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording "SMART TURN" with the letter "S" appearing in larger font to the left of the smaller letters "MART TURN", which appear below a human silhouette figure laying of a bed formed by vertical cylindrical shapes of varying heights.
The applicant, KAP Medical, a corporation of California, having an address of
      1395 Pico Street
      Corona, California 92881
      United States
      james.saul@faegredrinker.com

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:  Specialty support surfaces, namely, supports for general medical use in the form of mattresses, mats, pads and therapeutic overlaps for medical purposes

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 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(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) photo showing applicant's mattress product along with the mark as displayed on the mattresses' connected control panel.
Specimen File1
Specimen File2
Specimen File3

International Class 020:  Bed frames
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5492518, 5396794, 5013578, and others.


The owner's/holder's proposed attorney information: James J. Saul. Other appointed attorneys are Emily A. Bayton, Jared B. Briant, Amie Peele Carter, Jodi A. DeSchane, Dianna L. Gould, Stephanie A. Gumm, Brian D. Lefort, Calvin L. Litsey, David R. Merritt, Louis T. Perry, Patricia I. Reding, Peter M. Routhier, Abrahim J. Shanehsaz, James R. Steffen, and Gary S. Weinstein. James J. Saul of Faegre Drinker Biddle & Reath LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      311 S. Wacker Drive, Suite 4300
      Chicago, Illinois 60606
      United States
      312-356-5053(phone)
      (312) 212-6501(fax)
      trademark@faegredrinker.com
The docket/reference number is 135606.90.
James J. Saul 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:

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 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 $550 has been submitted with the application, representing payment for 2 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: /DAVID LEWIS/   Date: 03/20/2020
Signatory's Name: David Lewis
Signatory's Position: Duly Authorized Officer
Payment Sale Number: 88841708
Payment Accounting Date: 03/20/2020

Serial Number: 88841708
Internet Transmission Date: Fri Mar 20 11:16:28 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20200320111628
585724-88841708-7102a3fe18a356bcc8d2fb3c
0294f59531ea7664333b5a7614118748bd014908
a-CC-16273636-20200309133924960561