Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97797936

Filing Date: 02/16/2023

To the Commissioner for Trademarks:

MARK: OXYGENATOR (Standard Characters, see mark)
The literal element of the mark consists of OXYGENATOR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, T-H Marine Supplies, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      200 Finney Drive
      Huntsville, Alabama 35824
      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 011:  Apparatus, namely, oxygen generators to maximize oxygen levels for fish to increase survivability

In International Class 011, 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 05/08/2004, and first used in commerce at least as early as 05/08/2004, 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) picture of the goods with the mark clearly shown.

Original PDF file:
SPE0-2442138210-202302141 03836404438_._specimen_of _use_photo_of_goods.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5388706.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Stephen H. Hall. Other appointed attorneys are Frank M. Caprio, Angela Holt, Ryan J. Letson, Andrew Tuggle. Stephen H. Hall of Bradley Arant Boult Cummings 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
      Suite 900
      200 Clinton Avenue West
      Huntsville, Alabama 35801
      United States
      256-517-5140(phone)
      256-517-5240(fax)
      shall@bradley.com
The docket/reference number is 00T272401078.
Stephen H. Hall 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:

Stephen H. Hall

PRIMARY EMAIL FOR CORRESPONDENCE: shall@bradley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hsvipdocketing@bradley.com; wbabcock@bradley.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: /Jeffery Huntley, Jr./   Date: 02/16/2023
Signatory's Name: Jeffery W. Huntley, Jr.
Signatory's Position: President
Signatory's Phone Number: 256-683-5599
Signature method: Sent to third party for signature
Payment Sale Number: 97797936
Payment Accounting Date: 02/16/2023

Serial Number: 97797936
Internet Transmission Date: Thu Feb 16 14:25:51 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2023021614255221
3562-97797936-8608fcde8a8e8867ad8d391f91
94c5a5e7b6b26cf8d08a5ba4c3d1b0453865de-C
C-25517945-20230214103836404438