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: 90301963

Filing Date: 11/05/2020

To the Commissioner for Trademarks:

MARK: RESPIALL (stylized and/or with design, see mark)
The literal element of the mark consists of RESPIALL. The mark consists of the wording RESPIALL in a stylized font.
The applicant, Atom Medical Corporation, a corporation of Japan, having an address of
      18-15, Hongo 3-chome
      Bunkyo-ku, Tokyo 113-0033
      Japan
      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:  Medical apparatus and instruments, namely, infant incubators, warming devices for stabilizing infant body temperature and their accessories in the nature of pediatric breathing masks for medical purposes connected to the warming device, infusion pumps for administering beneficial agents into the body, syringe pumps for administering beneficial agents into the body, medical examination tables, hospital baby beds and cots specifically made for medical purposes for the movement and delivery of babies to locations in a hospital, ultrasonic nebulizers for respiration therapy, oxygen masks for medical purposes, cannulae, oxygen nasal cannula, humidification apparatus for medical purposes and breathing tubes used in the delivery of air and gases to and away from patients
Based on Foreign Registration: 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, and submits a copy of Japan registration number 5301865, and/or proof of renewal, registered 02/12/2010 with a renewal date of 12/24/2019 and an expiration date of 02/12/2030, and translation thereof, if appropriate.

Original PDF file:
reg-383220170-215618550_. _02600568.PDF
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3





The owner's/holder's proposed attorney information: Sean P. McMahon. Sean P. McMahon of Ostrolenk Faber LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      845 Third Avenue, 8th Floor
      New York, New York 10022
      United States
      212-382-0700(phone)
      212-382-0888(fax)
      tm@ostrolenk.com
The docket/reference number is TE/3844-151.
Sean P. McMahon 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:

Sean P. McMahon

PRIMARY EMAIL FOR CORRESPONDENCE: tm@ostrolenk.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smcmahon@ostrolenk.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 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: /SPM/   Date: 11/05/2020
Signatory's Name: Sean P. McMahon
Signatory's Position: Attorney for Applicant
Payment Sale Number: 90301963
Payment Accounting Date: 11/05/2020

Serial Number: 90301963
Internet Transmission Date: Thu Nov 05 22:08:25 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20201105220825367
354-90301963-7507afa7fa02eead5c93e1e24ea
494e176c3d9aee39842a741cffcf5e846bf19e-C
C-08230203-20201105215618550606