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: 90254739

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: KINDVEMBER (stylized and/or with design, see mark)
The literal element of the mark consists of KINDVEMBER. The applicant is not claiming color as a feature of the mark. The mark consists of the words "KIND" and "VEMBER" in a stylized format separated by a 3-leaf design.
The applicant, Ohio's Hospice, Inc., a non-profit corporation legally organized under the laws of Ohio, having an address of
      324 Wilmington Avenue
      Dayton, Ohio 45420
      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 016:  Correspondence cards; greeting cards; notecards; notepads; stickers; printed mail response cards relating to expressing gratitude and appreciation
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 025:  Clothing
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 035:  Assistance in management of business activities for not-for-profit hospice care organizations that promote and provide hospice, palliative care, and related programs; Providing business support staff services for hospice and palliative care organizations; Business services and consulting services provided to healthcare, hospice, and palliative care organizations
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 044:  Healthcare; Health center services; Healthcare services, namely, integrated healthcare services with a network of national healthcare providers; Hospice services; Palliative care services; Nursing home services; Healthcare on behalf of not-for-profit hospice care organizations that provide hospice care, palliative care, and related programs; Hospice services for adults and pediatric patient health and hospice caregiving
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: Kathryn E. Smith. Other appointed attorneys are Theodore R. Remaklus, Sarah Otte Graber, Lori Krafte, Glenn D. Bellamy, Kenneth B. Germain, Sean K. Owens, Julie F. Kappelman. Kathryn E. Smith of WOOD HERRON & EVANS 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
      2700 Carew
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
      513-241-2324(phone)
      513-241-6234(fax)
      ksmith@whe-law.com
The docket/reference number is HSPDY-267128.
Kathryn E. Smith 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:

Kathryn E. Smith

PRIMARY EMAIL FOR CORRESPONDENCE: ksmith@whe-law.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptodock@whe-law.com; sdaczko@whe-law.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 $1100 has been submitted with the application, representing payment for 4 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: /Kathryn E. Smith/   Date: 10/14/2020
Signatory's Name: Kathryn E. Smith
Signatory's Position: Attorney of Record, Ohio Bar Member
Payment Sale Number: 90254739
Payment Accounting Date: 10/14/2020

Serial Number: 90254739
Internet Transmission Date: Wed Oct 14 15:50:27 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202010141550278
88238-90254739-750e46ef7de2855c8e9a291ce
5c4133fa0d0351581aa6778659b178c1d1cb7b2-
CC-50264987-20201014154730871413