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: 90106110

Filing Date: 08/11/2020

To the Commissioner for Trademarks:

MARK: FREESTYLE COMFORT (Standard Characters, see mark)
The literal element of the mark consists of FREESTYLE COMFORT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, CAIRE INC., a corporation of Delaware, having an address of
      2200 Airport Industrial Drive, Suite 500
      Ball Ground, Georgia 30107
      United States
      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 010:  oxygen concentrators for medical applications

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 02/09/2018, and first used in commerce at least as early as 02/09/2018, 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) pages from the User Manual.

Original PDF file:
SPE0-47198018-20200807175 339678463_._02543702.PDF
Converted PDF file(s) (32 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
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Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Specimen File20
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Specimen File23
Specimen File24
Specimen File25
Specimen File26
Specimen File27
Specimen File28
Specimen File29
Specimen File30
Specimen File31
Specimen File32


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4542616 and 5471089.


The owner's/holder's proposed attorney information: Lauren Beth Emerson. Other appointed attorneys are the attorneys of Leason Ellis LLP. Lauren Beth Emerson of Leason Ellis 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
      1 Barker Avenue, 5th floor
      White Plains, New York 10601
      United States
      tmdocket@leasonellis.com
The docket/reference number is 10723/314271.
Lauren Beth Emerson 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:

Lauren Beth Emerson

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@leasonellis.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 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: /Dale Bandy/   Date: 08/11/2020
Signatory's Name: Dale Bandy
Signatory's Position: General Counsel, Attorney of record, Georgia bar member
Payment Sale Number: 90106110
Payment Accounting Date: 08/11/2020

Serial Number: 90106110
Internet Transmission Date: Tue Aug 11 11:35:35 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202008111135355537
01-90106110-740d93f585f5358229e9d28dd2ab
14fa1a4d4cfe8b3d76faa779c77a668afae741-C
C-35340892-20200807181045733134