TEAS Plus New Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 90488066

Filing Date: 01/26/2021

To the Commissioner for Trademarks:

MARK: BioFoam (stylized and/or with design, see mark)
The literal element of the mark consists of BioFoam. The applicant is not claiming color as a feature of the mark. The mark consists of an abstract tulip design with the wording "BioFoam" appearing below the design.
The applicant, Zinus Inc., a corporation of Korea, South, having an address of
      10, YATAP-RO, 8TH FLOOR, 81BEON-GIL
      BUNDANG-GU SEONGNAM-SI
      GYEONGGI-DO 13497
      Korea, South
      +82-316221700(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 020:  Mattresses; Mattress toppers

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used 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.

In International Class 020, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/25/2021, and first used in commerce at least as early as 01/25/2021, 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) three screenshots of web pages from Amazon.com and Walmart.com containing the image mark "BioFoam" used to sell mattresses and mattress toppers, wherein the web pages provide a means for ordering and purchasing the mattresses and mattress toppers.
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://www.walmart.com/ip/Spa-Sensations-by-ZINUS-6-Green-Tea-Memory-Foam-Mattress-Queen/341006087; http://www.amazon.com/Zinus-Memory-Green-Mattress-Queen/dp/B00Q7EPSHI?ref_=ast_sto_dp; http://www.amazon.com/stores/page/9144B232-683E-43AE-9ED2-24FA05D35FAD
Webpage Date of Access: 01/25/2021



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3877964.


The owner's/holder's proposed attorney information: Darien K Wallace. Darien K Wallace of Imperium Patent Works LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      P.O. Box 607
      Pleasanton, California 94566
      United States
      925-550-5067(phone)
      9258355804(fax)
      darien@imperiumpw.com
The docket/reference number is ZIN-T108.
Darien K Wallace 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:

Darien K Wallace

PRIMARY EMAIL FOR CORRESPONDENCE: darien@imperiumpw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): darienkenneth@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 $250 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: /Darien K Wallace/   Date: 01/25/2021
Signatory's Name: Darien K Wallace
Signatory's Position: Attorney or record, California Bar member
Signatory's Phone Number: 925-550-5067
Signature method: Signed directly within the form
Payment Sale Number: 90488066
Payment Accounting Date: 01/26/2021

Serial Number: 90488066
Internet Transmission Date: Tue Jan 26 00:31:10 ET 2021
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20210126003110670
006-90488066-7604ad93ad060b7277506774ba5
93ec615ec3c55e395ae91c11487f04e5dad9258-
CC-31098333-20210125234930788397