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: 97827221

Filing Date: 03/07/2023

To the Commissioner for Trademarks:

MARK: ZEPHAIR (Standard Characters, see mark)
The literal element of the mark consists of ZEPHAIR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Ecolab USA Inc., a corporation of Delaware, having an address of
      1 Ecolab Place
      St. Paul, Minnesota 55102
      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 005:  Air deodorizing preparations; air fresheners, namely, deodorizers; odor neutralizers for the air; deodorizing preparations for fabrics and textiles; odor neutralizing preparations for fabric and textiles

In International Class 005, 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 10/00/2006, and first used in commerce at least as early as 10/00/2006, 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 featuring the goods bearing the mark.

Original PDF file:
SPE0-21620115974-20230307 123653600623_._Class_5_Sp ecimen_-__ZephAir_I_Ecola b__-_www.ecolab.com.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.ecolab.com/offerings/odor-care/zephair
Webpage Date of Access: 03/07/2023



The owner's/holder's proposed attorney information: Christopher M. Kindel. Other appointed attorneys are all other attorneys with the firm. Christopher M. Kindel of Pirkey Barber 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
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-322-5200(phone)
      512-322-5201(fax)
      tmcentral@pirkeybarber.com
The docket/reference number is ECOL5478US.
Christopher M. Kindel 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:

Christopher M. Kindel

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ckindel@pirkeybarber.com; drobinson@pirkeybarber.com; kschwartz@pirkeybarber.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: /Sarah LOCKNER/   Date: 03/07/2023
Signatory's Name: Sarah Lockner
Signatory's Position: Assistant Chief IP Counsel - Trademarks & Marketing
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97827221
Payment Accounting Date: 03/07/2023

Serial Number: 97827221
Internet Transmission Date: Tue Mar 07 16:25:19 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202303071625205
04958-97827221-86003321424c4d31669964383
11d213b8c442f580a5d7107c12a07ae99de1a4a6
-CC-25197925-20230307123653600623