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

Serial Number: 90533721

Filing Date: 02/18/2021

To the Commissioner for Trademarks:

MARK: O2-MAX (Standard Characters, see mark)
The literal element of the mark consists of O2-MAX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Engineered Medical Systems, Inc., a corporation of Indiana, having an address of
      2055 Executive Drive
      Indianapolis, Indiana 46241
      United States
      317-246-5500(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:

International Class 010:  Medical apparatus, namely, continuous positive airway pressure (CPAP) devices and parts and fittings therefor

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 08/15/2007, and first used in commerce at least as early as 08/15/2007, 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) Label displaying the mark to be affixed to the goods.

Original PDF file:
SPE0-174166917-2021021614 2609630883_._Specimen_202 1_-_O2-MAX.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



The owner's/holder's proposed attorney information: Thomas D. Bratschun. Other appointed attorneys are James L. Brown, Chad E. King, Rosemary P. Kellogg, Katherine Lobel-Rice, Eric Cheong, Daniel S. Young, Ian L. Saffer, Sarah Cassinis, Ken Chang, Francis Kiwon Yi, Amy Hsiao, Kent Dallow and Darla A. Graff. Thomas D. Bratschun of Adsero IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      8210 Southpark Terrace
      Littleton, Colorado 80120
      United States
      303-268-0066(phone)
      833-485-0437(fax)
      efs@adseroip.com
The docket/reference number is 0019.18-TM.
Thomas D. Bratschun 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 D. Bratschun

PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.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 $350 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: /Andrew Shurig/   Date: 02/18/2021
Signatory's Name: Andrew Shurig
Signatory's Position: Senior Vice President and Chief Legal Officer
Signatory's Phone Number: 3175146557
Signature method: Sent to third party for signature
Payment Sale Number: 90533721
Payment Accounting Date: 02/18/2021

Serial Number: 90533721
Internet Transmission Date: Thu Feb 18 12:29:25 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210218122925286
704-90533721-7701ce2ad5c78a9c56de2cdd76b
43c7483eacefaaa7a433cb74cb218fc51753aca-
CC-29242685-20210216142609630883