Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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.

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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.

Trademark/Service Mark Application, Principal Register

Serial Number: 97230515

Filing Date: 01/20/2022

To the Commissioner for Trademarks:

MARK: CONTOUR (Standard Characters, see mark)
The literal element of the mark consists of CONTOUR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Banyan Licensing L.L.C., a limited liability company legally organized under the laws of Florida, having an address of
      2770 Indian River Blvd., Suite 401 G
      Vero Beach, Florida 32960
      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:  CPAP pillows; orthopedic pillows; foam pillows for medical purposes; CPAP hose covers; and CPAP mask wipes

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 09/24/1993, and first used in commerce at least as early as 09/24/1993, 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) screenshot of Applicant's website offering Applicant's CPAP pillows for purchase and prominently bearing the mark.

Original PDF file:
SPE0-216134197213-2022012 0154029039371_._Class_10.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.contourliving.com/contour-cpap-pillow-2-0/
Webpage Date of Access: 01/20/2022

International Class 020:  Bed pillows; foam pillows; head supporting pillows; knee pillows; inflatable pillows; leg pillows; neck-supporting pillows; seat cushions; wedge pillows; and pillows

In International Class 020, 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 06/00/1992, and first used in commerce at least as early as 06/00/1992, 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) screenshot of Applicant's website offering Applicant's bed pillows for purchase and prominently bearing the mark.

Original PDF file:
SPE0-216134197213-2022012 0182541810180_._Class_20.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.contourliving.com/contour-pillow/
Webpage Date of Access: 01/20/2022

International Class 024:  Pillow cases

In International Class 024, 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 06/00/1992, and first used in commerce at least as early as 06/00/1992, 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) screenshot of Applicant's website offering Applicant's pillow cases for purchase and prominently bearing the mark..

Original PDF file:
SPE0-216134197213-2022012 0154029039371_._Class_24.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.contourliving.com/contour-l-pillow-case/
Webpage Date of Access: 01/20/2022


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6113456.


The owner's/holder's proposed attorney information: Henry B. Ward, III. Other appointed attorneys are Samantha N. Skains-Menchaca, J. Mark Wilson, Kathryn G. Cole, Chandra Duncan, W. Kevin Ransom, Dickson M. Lupo, Jim Edwards, F. Emmett Weindruch, Jeffrey Gray, Arlene D. Hanks, Ellen A. Andelman, Maureen P. Long, and Rebeca E. Harasimowicz. Henry B. Ward, III of Moore & Van Allen PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      100 North Tryon Street, Suite 4700
      Charlotte, North Carolina 28202
      United States
      704-331-1027(phone)
      704-339-5853(fax)
      CLT-TMCorrespondence@mvalaw.com
The docket/reference number is 938257339680.
Henry B. Ward, III 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:

Henry B. Ward, III

PRIMARY EMAIL FOR CORRESPONDENCE: CLT-TMCorrespondence@mvalaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): iplaw@mvalaw.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: /hbw/   Date: 01/20/2022
Signatory's Name: Ward, III, Henry B.
Signatory's Position: Attorney of Record, North Carolina Bar Member
Signatory's Phone Number: 704-331-1027
Signature method: Sent to third party for signature
Payment Sale Number: 97230515
Payment Accounting Date: 01/20/2022

Serial Number: 97230515
Internet Transmission Date: Thu Jan 20 19:44:46 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20220120194446
357313-97230515-81048915555717783860a7bb
c6a1b1263bc15b34caafa866e47ae78fc93cd26b
e-ET-44450936-20220120182541810180