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: 90548935

Filing Date: 02/26/2021

To the Commissioner for Trademarks:

MARK: WESTONE (Standard Characters, see mark)
The literal element of the mark consists of WESTONE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Westone Laboratories, Inc., a corporation of Colorado, having an address of
      2235 Executive Circle
      Colorado Springs, Colorado 80906
      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:  ear molds; custom-fit ear molds; earpieces; custom-fit earpieces; ear mold material; ear impression material; hearing aid acoustic coupler; hearing instrument acoustic coupler; ear tubes; ear tubing and vent plugs; ear filters for hearing protection; greaseless lubricant which eases the insertion of custom-made ear products into the ear canal; custom-fit ear plugs used for hearing aids; ear plugs used for hearing aids; custom-fit ear plugs used for protection of hearing; ear plugs used for protection of hearing; hearing aids; digital hearing aids; electric hearing aids; electrical hearing aids; hearing aids for the deaf; cast material for hearing aids; molds for hearing aids; electrically-operated hearing aids; wireless transmitters and receivers for use with hearing aids; sound processors adapted for use with prosthetic hearing devices; assistive listening device for the hearing impaired; hearing aid cleaners; hearing aid dryers; medical supplies used in the practice of audiology; medical tools used in the practice of audiology; teaching tools and apparatus in the practice of audiology; medical testing devices for measuring hearing loss in patients, namely, audiometers; medical hearing instruments and parts of such devices; parts of acoustic apparatus for the hearing-impaired, namely, cerumen protection and cleaning systems; hearing protectors without the ability to reproduce or transmit sound; noise filters used for noise reduction in ear plugs; in-ear monitors for recreational and medical purposes; ear plugs for medical purposes; custom-fit ear plugs for recreational purposes; ear plugs for recreational purposes; custom-fit ear plugs for noise reduction; ear plugs for noise reduction; ear plugs for soundproofing; hearing aid accessories, namely, vacuum pumps for medical purposes and parts and accessories therefor; otoscopes; earscopes; specula; stethoscopes
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4681263, 3597101, 2205615, and others.


The owner's/holder's proposed attorney information: Amy Brozenic. Other appointed attorneys are all other attorneys associated with Lathrop GPM LLP. Amy Brozenic of Lathrop GPM 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
      Building 82, Suite 1000
      10851 Mastin Boulevard
      Overland Park, Kansas 66210-1669
      United States
      internalip@lathropgpm.com
The docket/reference number is 619243.
Amy Brozenic 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:

Amy Brozenic

PRIMARY EMAIL FOR CORRESPONDENCE: internalip@lathropgpm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): amy.brozenic@lathropgpm.com; maggie.jiles@lathropgpm.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 $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: /Amy Brozenic/   Date: 02/26/2021
Signatory's Name: Amy Brozenic
Signatory's Position: Attorney of record, Kansas Bar member
Signatory's Phone Number: 913-451-5103
Signature method: Sent to third party for signature
Payment Sale Number: 90548935
Payment Accounting Date: 02/26/2021

Serial Number: 90548935
Internet Transmission Date: Fri Feb 26 12:23:29 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2021022612232939
1272-90548935-770d948e08d31934131461ed79
b871c8bed36d4e7bb161eb8dc4f94148f78d98d4
-DA-23292102-20210225152630989187