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 1480 (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 1480 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Certification Mark Form, Principal Register

Serial Number: 90016020

Filing Date: 06/23/020

To the Commissioner for Trademarks:

MARK: N100 (Standard Characters, see mark)
The literal element of the mark consists of N100. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, U.S. Department of Health and Human Services, a agency of the United States government legally organized under the laws of United States, having an address of
      31 Center Drive
      Bldg. 31 Rm. 2B 50
      Bethesda, Maryland 20892-2111
      United States
      XXXX

requests that the Certification Mark identified above be registered with the USPTO on the Principal Register for the following:

International Class A:  Air-purifying particulate respirators and respiratory protective devices
Use in Commerce: The applicant is exercising legitimate control over the use of the certification mark in commerce by authorized users using the mark in commerce on or in connection with the identified goods/services. 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 applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used by authorized persons in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark. The applicant submits a copy of the standards governing the use of the certification mark on or in connection with the goods/services in the application.

In International Class A, the mark was first used by persons authorized by the applicant, at least as early as 00/00/1995, and first used in commerce by persons authorized by the applicant at early as 00/00/1995, and is now in use in such commerce.The applicant is submitting one(or more) specimen(s) showing the mark as used by authorized persons in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) images of the mark affixed to respirator and respiratory protective devices; printed on product data sheets; and printed on packaging; all of the aforementioned generated by the certified manufacturers .
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-1737921278-20200623024737426936_._45916-004w_spec1_3m-respirator-instructions_V2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1737921278-20200623024737426936_._45916-_004w_spec4_jfy4101N100.pdf
Converted PDF file(s) (1 page)
Specimen File1

Copy of Standards

Original PDF file:
Standards1a-1737921278-035124057_._45916-004n__eCFR_-_42_cfr_pt84.pdf
Converted PDF file(s) (126 pages)
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Attachment-126:
Certification Statement: The certification mark, as used by certified respirator manufacturers, certifies that the respiratory protective devices have satisfied the specific requirements for construction, performance, and respiratory protection test results set forth in Title 42, Code of Federal Regulations, Part 84.


For informational purposes only, applicant's website address is: http://www.cdc.gov/niosh

The owner's/holder's proposed attorney information: Thomas Dunlap. Other appointed attorneys are Alexander Butterman, David Ludwig, Linda Graham, Tamara Dunlap, Mary Witzel, Ashley Barendse, Hyung Gyu Sun, Daniel Davis, Geoffrey Dureska, Rolando Diaz, Tracy Pearson, Nicholas Kurtz, Joseph Diamante, Charles Cantine, Brian Medich and all other attorneys. Thomas Dunlap of Dunlap Bennett & Ludwig PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      211 CHURCH ST., SE
      LEESBURG, Virginia 20175
      United States
      855-705-6414(phone)
      855-226-8791(fax)
      trademarks@dbllawyers.com
The docket/reference number is 45916-004w.
Thomas Dunlap 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:

Thomas Dunlap

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@dbllawyers.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abutterman@dbllawyers.com; tdunlap@dbllawyers.com; dburke@dbllawyers.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 $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 certification mark sought to be registered; The applicant is exercising legitimate control over the use of the mark in commerce by authorized users, and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application by authorized users, on or in connection with the goods/services in the application; The specimen(s) shows the mark as used in commerce by authorized users on or in connection with the goods/services in the application and was used by authorized users on or in connection with the goods/services in the application as of the application filing date; 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; 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 exercise legitimate control over the use of the mark in commerce by authorized users, and was entitled to exercise legitimate control over the use of the mark in commerce by authorized users, as of the filing date of the application; The applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users, and had a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users as of the filing date of the application, on or in connection with the goods/services in the application; The applicant will not engage 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; 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, other than authorized users, and, 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: /Dale D. Berkley/   Date: 06/23/2020
Signatory's Name: Dale D. Berkley
Signatory's Position: Attorney of record
Payment Sale Number: 90016020
Payment Accounting Date: 06/23/2020

Serial Number: 90016020
Internet Transmission Date: Tue Jun 23 13:17:04 ET 2020
TEAS Stamp: USPTO/CTM-XXX.XX.XXX.XX-2020062313170439
2199-90016020-710098f5853e649925adc2ea13
b4a9a91852269b36472ef3112f12ba9b3f1bdc-C
C-17030449-20200623024737426936