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: 88911936

Filing Date: 05/12/020

To the Commissioner for Trademarks:

MARK: ARIA FREE (Standard Characters, see mark)
The literal element of the mark consists of ARIA FREE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ResMed Pty Ltd, a proprietary company (pty.) legally organized under the laws of Australia, having an address of
      1 Elizabeth Macarthur Drive
      Bella Vista, NSW 2153
      Australia
      XXXX

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 009:  Downloadable or recorded computer software for controlling medical apparatus for the treatment of circulatory disorders, namely, lymphatic obstruction, chronic venous insufficiency, and lymphedema; downloadable or recorded computer software for patient treatment compliance and therapy management in the field of circulatory disorders, namely, lymphatic obstruction, chronic venous insufficiency, and lymphedema
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 010:  Medical apparatus for treatment of circulatory disorders, namely, lymphatic obstruction, chronic venous insufficiency, and lymphedema; Medical device for treatment of circulatory disorders, namely, lymphatic obstruction, chronic venous insufficiency, and lymphedema
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 owner's/holder's proposed attorney information: Gabrielle A. Holley. Other appointed attorneys are James R. Menker, Amy C. Menker, Drew M. Smith, Ryan S. Hilbert. Gabrielle A. Holley of Holley & Menker, 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
      P.O. Box 96
      Solana Beach, California 92075
      United States
      888-750-4407 x3(phone)
      858 876 1604(fax)
      westdocket@holleymenker.com
The docket/reference number is TM5202US00.
Gabrielle A. Holley 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:

Gabrielle A. Holley

PRIMARY EMAIL FOR CORRESPONDENCE: westdocket@holleymenker.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gholley@holleymenker.com; gabrielleholley@gmail.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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /GAHolley/   Date: 05/12/2020
Signatory's Name: Gabrielle Holley
Signatory's Position: Attorney of record
Payment Sale Number: 88911936
Payment Accounting Date: 05/12/2020

Serial Number: 88911936
Internet Transmission Date: Tue May 12 13:29:53 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20200512132953
724633-88911936-71086fb4e62c001252867bf2
7327424abea483d77cb4a82ea18526639ce893c3
33-CC-29527103-20200512131451528537