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: 90628644

Filing Date: 04/07/2021

To the Commissioner for Trademarks:

MARK: AEROLIV (Standard Characters, see mark)
The literal element of the mark consists of AEROLIV. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Trudell Medical International, a partnership legally organized under the laws of Canada, having as partner(s) Trudell Partnership Holdings Limited, an Ontario, Canada corporation and Packard Medical Supply Centre Ltd., an Ontario, Canada Corporation, having an address of
      725 Baransway Drive
      London, Ontario N5V5G4
      Canada
      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 009:  Downloadable software application for mobile devices for providing information regarding respiratory devices, oscillating positive expiratory pressure (OPEP) devices, inhalers, nebulizers, and holding chambers; Downloadable software application for mobile devices for recording, managing, and tracking patient information, symptoms, medications, and treatments, all related to respiratory ailments and diseases; Downloadable software application for mobile devices for creating a treatment plan for respiratory ailments and diseases; Downloadable software application for mobile devices for communicating with health providers regarding a patient's symptoms, medications, and treatments, all related to respiratory ailments and diseases
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 042:  Providing temporary use of online non-downloadable software for providing information regarding respiratory devices, oscillating positive expiratory pressure (OPEP) devices, inhalers, nebulizers, and holding chambers; Providing temporary use of online non-downloadable software for recording, managing, and tracking patient information, symptoms, medications, and treatments, all related to respiratory ailments and diseases; Providing temporary use of online non-downloadable software for creating a treatment plan for respiratory ailments and diseases; Providing temporary use of online non-downloadable software for communicating with health providers regarding a patient's symptoms, medications, and treatments, all related to respiratory ailments and diseases
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:  Providing health information in the field of respiratory ailments and diseases; Medical analysis services for the diagnosis of respiratory ailments and diseases; Web-based health assessment services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of educational resources and treatment information in the field of respiratory ailments and diseases
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: Andrew J. Avsec. Other appointed attorneys are Jeffery A. Handelman, David S. Fleming, Howard S. Michael, Jennifer J. Theis, Virginia Wolk Marino, Emily T. Kappers, Fan Cheng and Dalton K. Hughes. Andrew J. Avsec of BRINKS GILSON & LIONE, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 10395
      Chicago, Illinois 60610
      United States
      312-321-4200 x3260(phone)
      312-321-4299(fax)
      officeactions@brinksgilson.com
The docket/reference number is 6298/1269.
Andrew J. Avsec 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:

Andrew J. Avsec

PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@brinksgilson.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aavsec@brinksgilson.com; rrios@brinksgilson.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 $1050 has been submitted with the application, representing payment for 3 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: /J Balles/   Date: 04/07/2021
Signatory's Name: Joaquim Balles
Signatory's Position: Secretary
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90628644
Payment Accounting Date: 04/07/2021

Serial Number: 90628644
Internet Transmission Date: Wed Apr 07 10:49:50 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021040710495088
0444-90628644-770b441fb64a46e3fe074c66b2
09872b011f52ae4cef69d71f34b7f509862a687d
a-DA-49501790-20210407094347925896