Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA880079
`
`Filing date:
`
`02/28/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Aero Health Aust Pty Ltd
`
`Corporation
`
`Citizenship
`
`Australia
`
`63 Seaton Street
`Armidale, New South Wales, 2350
`AUSTRALIA
`
`Tracy L. Deutmeyer
`McGrath North Mullin & Kratz, PC LLO
`1601 Dodge Street, Suite 3700
`Omaha, NE 68102
`UNITED STATES
`Email: trademark@mcgrathnorth.com
`Phone: 402-341-3070
`
`Registration Subject to Cancellation
`
`Registration No.
`
`4773671
`
`Registration date
`
`07/14/2015
`
`Registrant
`
`Avent, Inc.
`5405 WINDWARD PARKWAY
`Alpharetta, GA 30004
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 010. First Use: 2014/01/16 First Use In Commerce: 2014/08/08
`All goods and services in the class are subject to cancellation, namely: Surgical gowns
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Related Proceed-
`ings
`
`none
`
`Marks Cited by Petitioner as Basis for Cancellation
`
`U.S. Application
`No.
`
`79199341
`
`Application Date
`
`05/30/2016
`
`Registration Date
`
`NONE
`
`Word Mark
`
`AERO
`
`Foreign Priority
`Date
`
`02/01/2016
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the word "AERO" tothe left of a cross formed by a depic-
`tion of two folded belts.
`
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`Plasters, namely, medical plasters, medicated plasters, plasters for medical pur-
`poses and anti-rheumatic plasters; bandages, namely, adhesive bandages; ab-
`sorbent pads, namely, pads for absorbing wound exudates; absorbent swabs in
`the nature of cotton swabs for medical use; absorbent articles for medical use,
`namely, absorbent dressings for wound sites; patches, namely, eye patches for
`medical purposes; strips for medical use, namely, dissolvable strips to stop
`bleeding from minor cuts and grazes; adhesive films, patches, strips, tape,
`bands and bandagesfor medical use; wipes for medical use,namely, wipes im-
`pregnated with medical preparations; medical dressings, namely,wound dress-
`ings, burn dressings and materials for dressings in the nature of gauze for
`dressings; ointments for medicaluse, namely, antibiotic ointments; gelsfor med-
`ical use, namely, anti-inflammatory gels; sun blocking or sun screening balms,
`creams, ointments, lotions, sprays and gels; disinfectants, namely, disinfectants
`for disinfectant dressings, disinfectant gels for use in the first aid and medical
`field, disinfectant swabs and disinfectant powder for veterinary usein the first aid
`and medical field; sanitary preparations for medical purposes;medicated pre-
`moistened tissues for medical use; and filled first aid kits
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Medical and surgical products, namely, medical and surgical gloves, medical
`andsurgical face shields and medical and surgical face masks
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Wholesale and retail services, namely, wholesale store, wholesale distributor-
`ship and online retail store services featuring medical and surgical gloves, face
`shields and face masks, first aid products, absorbent pads and swabs, eye
`patches, wipes for medical use, creams, ointments, lotions, sprays and gels for
`medical use or for sun screening or blocking, lubricants for medical use, disin-
`fectants for disinfectant dressings, disinfectant swabs, disinfectant powder for
`veterinary use in the first aid and medical field, sanitary preparations for medical
`purposes, and medicated pre-moistened tissues for medical use; business ad-
`visory,consultancy and information services inrelation to the aforementioned ser-
`vices; none of the aforementioned services relating to any lighting products,
`lighting apparatus, lighting installations or lighting accessories
`
`U.S. Registration
`No.
`
`4408986
`
`Registration Date
`
`10/01/2013
`
`Word Mark
`
`Design Mark
`
`AERO HEALTHCARE
`
`Application Date
`
`11/30/2011
`
`Foreign Priority
`Date
`
`05/30/2011
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Wholesale distributorship services featuring medical, surgical, first aid, health-
`care and veterinary products; businessmanagement advisory, consultancy and
`information services in relation to the aforementioned services; none of the
`aforementioned services relating to or including any lighting products, lighting
`apparatus, lighting installations or lighting accessories
`
`U.S. Application
`No.
`
`79224869
`
`Application Date
`
`10/24/2017
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`AEROPLAST
`
`Foreign Priority
`Date
`
`04/24/2017
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`Adhesive tapes for bandaging, strappingand/or other medical or surgical pur-
`poses; adhesive dressing strips for medicaland/or surgical purposes; plasters,
`including adhesive plasters and first aid plasters, for medical and/or surgical pur-
`poses; bandages, including adhesive bandages, compression bandages, surgic-
`al bandages, elastic bandages, gauze bandages and synthetic bandages; ab-
`sorbent dressings; first aid kits; parts, fittings andaccessories in this class for the
`aforesaid goods
`
`Attachments
`
`79199341#TMSN.png( bytes )
`79109041#TMSN.png( bytes )
`79224869#TMSN.png( bytes )
`AERO_BLUE_Petition_for_Cancellation_text.pdf(61836 bytes )
`Exhibit A - Aero-Blue-Reg.pdf(867472 bytes )
`Aero-Exhibit-B.pdf(1089056 bytes )
`Aero-Exhibit-C.pdf(1049615 bytes )
`Aero-Exhibit-D.pdf(597658 bytes )
`
`Signature
`
`/Tracy L. Deutmeyer/
`
`Name
`
`Date
`
`Tracy L. Deutmeyer
`
`02/28/2018
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE MATTER OF REGISTRATION NO. 4,773,671
`REGISTERED ON JULY 14,2015
`
`
`
`PROCEEDING NO.: ____________
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
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`
`
`
`Aero Health Aust Pty Ltd,
`
`
`
`
`
`
`
`
`Petitioner,
`
`v.
`
`
`
`
`
`
`
`
`Avent, Inc.,
`
`
`
`
`
`
`
`
`
`
`
`Registrant.
`
`
`
`
`TO THE COMMISSIONER OF TRADEMARKS:
`
`PETITION FOR CANCELLATION
`
`
`
`Plaintiff, Aero Health Aust Pty Ltd, an Australian corporation, with a principal office
`
`address of 63 Seaton Street, Armidale, New South Wales 2350, Australia, believes that it will be
`
`damaged by registration of the mark shown in U.S. Registration No. 4,773,671 (“the Registration”),
`
`in the name of Avent, Inc. (“Registrant”), and hereby petitions to cancel the same pursuant to
`
`Section 2(d) and Section 14(3) of the Trademark Act of 1946, as amended. As grounds for
`
`cancellation, it is alleged that:
`
`Registrant and the Registered Mark
`
`1.
`
`Upon information and belief, Registrant is a corporation incorporated in the State of
`
`Delaware, with an address of 5405 Windward Parkway, Alpharetta, Georgia, 30004.
`
`2.
`
`According to the on-line records of the United States Patent and Trademark Office (“the
`
`Office”), Registrant is the owner of record of the Registration for the mark depicted below
`
`for use in connection with “surgical gowns” (“Registered Goods”):
`
`AERO BLUE
`
`

`

`(“Registered Mark”). See the attached Exhibit A, which is a current printout of information
`
`from the electronic database records of the Office showing the current status and title of
`
`the Registration.
`
`3.
`
`According to the on-line records of the Office, the Registration issued by way of Application
`
`Serial No. 86/167,620 filed on January 16, 2014 (“Registrant’s Application”).
`
`4.
`
`Also according to the on-line records of the Office, Registrant alleged in a Statement of Use
`
`filed on March 3, 2015 a date of first use of the Registered Mark of January 16, 2014 and a
`
`date of first use in commerce of August 8, 2014.
`
`Petitioner and Petitioner’s Marks
`
`5.
`
`By way of a request for extension of protection to the United States under Section 66(a)
`
`of the Trademark Act of 1946, as amended, namely, U.S. Serial No. 79/199,341 (“the
`
`Application”) based on International Registration No. 1326061, Aero Health seeks to
`
`register the mark depicted below (“the Aero Logo”) with the United States Patent and
`
`Trademark Office (“USPTO”) as a trademark and service mark for use in connection with
`
`the following goods and services (collectively, the “Aero Health Goods and Services”):
`
`Plasters, namely, medical plasters, medicated plasters, plasters for medical purposes
`
`and anti-rheumatic plasters; bandages, namely, adhesive bandages; absorbent pads,
`
`namely, pads for absorbing wound exudates; absorbent swabs in the nature of cotton
`
`swabs for medical use; absorbent articles for medical use, namely, absorbent dressings
`
`for wound sites; patches, namely, eye patches for medical purposes; strips for medical
`
`use, namely, dissolvable strips to stop bleeding from minor cuts and grazes; adhesive
`
`films, patches, strips, tape, bands and bandages for medical use; wipes for medical use,
`
`namely, wipes impregnated with medical preparations; medical dressings, namely,
`
`wound dressings, burn dressings and materials for dressings in the nature of gauze for
`
`dressings; ointments for medical use, namely, antibiotic ointments; gels for medical use,
`
`
`
`
`2
`
`

`

`namely, anti-inflammatory gels; sun blocking or sun screening balms, creams, ointments,
`
`lotions, sprays and gels; disinfectants, namely, disinfectants for disinfectant dressings,
`
`disinfectant gels for use in the first aid and medical field, disinfectant swabs and
`
`disinfectant powder for veterinary use in the first aid and medical field; sanitary
`
`preparations for medical purposes; medicated pre-moistened tissues for medical use;
`
`and filled first aid kits, in International Class 5;
`
`Medical and surgical products, namely, medical and surgical gloves, medical and
`
`surgical face shields and medical and surgical face masks in International Class 10; and
`
`Wholesale and retail services, namely, wholesale store, wholesale distributorship and
`
`online retail store services featuring medical and surgical gloves, face shields and face
`
`masks, first aid products, absorbent pads and swabs, eye patches, wipes for medical
`
`use, creams, ointments, lotions, sprays and gels for medical use or for sun screening or
`
`blocking, lubricants for medical use, disinfectants for disinfectant dressings, disinfectant
`
`swabs, disinfectant powder for veterinary use in the first aid and medical field, sanitary
`
`preparations for medical purposes, and medicated pre-moistened tissues for medical
`
`use; business advisory, consultancy and information services in relation to the
`
`aforementioned services; none of the aforementioned services relating to any lighting
`
`products, lighting apparatus, lighting installations or lighting accessories in International
`
`Class 35.
`
`
`
`See the attached Exhibit B, which is a current printout of information from the electronic
`
`database records of the Office showing the current status and title of the Application.
`
`
`
`
`
`
`3
`
`

`

`6.
`
`Since at least as early as March 1, 2013, Petitioner has used and continues to use the
`
`Aero Logo in commerce in the United States.
`
`7.
`
`Petitioner is the registered owner of U.S. Registration No. 4408986 for the mark depicted
`
`below for use in connection with “wholesale distributorship services featuring medical,
`
`surgical, first aid, healthcare and veterinary products; business management advisory,
`
`consultancy and information services in relation to the aforementioned services; none of
`
`the aforementioned services relating to or including any lighting products, lighting
`
`apparatus, lighting installations or lighting accessories” in International Class 35 (“Aero
`
`Healthcare Services”):
`
`AERO HEALTHCARE
`
`See the attached Exhibit C, which is a current printout of information from the electronic
`
`database records of the Office showing the current status and title of this registration.
`
`8.
`
`The date of priority of the AERO HEALTHCARE mark in the United States is May 30,
`
`2011, the date of convention priority. See attached Exhibit C.
`
`9.
`
`Since at least as early as March 1, 2013, Petitioner has used and continues to use the
`
`AERO HEALTHCARE mark and trade name in commerce in the United States.
`
`10.
`
`By way of a request for extension of protection to the United States under Section 66(a)
`
`of the Trademark Act of 1946, as amended, namely, U.S. Serial No. 79/224,869 based
`
`on International Registration No. 1384459, Aero Health seeks to register the mark
`
`depicted below with the United States Patent and Trademark Office (“USPTO”) as a
`
`trademark for use in connection with “[m]edical adhesive tapes for bandaging, strapping
`
`and other medical or surgical purposes; adhesive dressing strips for medical and surgical
`
`purposes; medical plasters, including adhesive plasters and first aid plasters, for medical
`
`and surgical purposes; bandages,
`
`including adhesive bandages, compression
`
`bandages, surgical bandages, elastic bandages, gauze bandages and synthetic non-
`
`
`
`
`4
`
`

`

`adhesive bandages; absorbent medical and surgical dressings; and first aid kits” in
`
`International Class 5:
`
`AEROPLAST
`
`See the attached Exhibit D, which is a current printout of information from the electronic
`
`database records of the Office showing the current status and title of application Serial
`
`No. 79/224,869.
`
`Count I-Priority/Likelihood of Confusion
`
`11.
`
`Petitioner restates and incorporates by reference each and every allegation set forth in
`
`Paragraphs 1-10 of this Petition for Cancellation.
`
`12.
`
`Petitioner, for many years and since long prior to any date of first use or date of
`
`constructive use upon which Registrant can rely, has adopted and continuously used the
`
`distinctive AERO HEALTHCARE mark and Aero Logo in commerce in the United States.
`
`13.
`
`There is no issue as to priority. Petitioner’s date of first use in commerce for its AERO
`
`HEALTHCARE mark and trade name, and Aero Logo and its date of constructive use for
`
`its AERO HEALTHCARE mark is well prior to the dates of first use set forth in the
`
`Registration and well prior to the filing date of Registrant’s Application that resulted in the
`
`Registration.
`
`14.
`
`The Aero Logo and Petitioner’s AERO HEALTHCARE mark and trade name, and the
`
`Registered Mark are highly similar in sight, sound and commercial impression, and as
`
`such, a likelihood of confusion exists between Petitioner’s Aero Logo and Petitioner’s
`
`AERO HEALTHCARE mark and trade name, and the Registered Mark.
`
`15.
`
`Petitioner’s Aero Logo and Petitioner’s AERO HEALTHCARE mark and trade name, and
`
`the Registered Mark are highly similar in sight, sound and commercial impression, and
`
`as such, a likelihood of confusion exists between Petitioner’s Aero Logo and Petitioner’s
`
`
`
`
`5
`
`

`

`AERO HEALTHCARE mark and trade name, and the Registered Mark.
`
`16.
`
`The Aero Health Goods and Services and Aero Healthcare Services, and the Registered
`
`Goods are highly related.
`
`17.
`
`Registrant’s use of the Registered Mark, in connection with the Registered Goods so
`
`resembles the Aero Logo when used in connection with any of the Aero Health Goods
`
`and Services, and so resembles the AERO HEALTHCARE mark when used in
`
`connection with any of the Aero Healthcare Services, as to be likely to cause confusion,
`
`or to cause mistake, or to deceive.
`
`18.
`
`Petitioner has been and will continue to be damaged by the continued registration of the
`
`Registered Mark, including, but not limited to the fact that Petitioner has been refused
`
`registration in Class 10 of the AERO Logo on the Principal Register on grounds of a
`
`likelihood of confusion with the Registered Mark, and therefore may not obtain the
`
`procedural and evidentiary advantages and presumptions to which Petitioner would be
`
`entitled from a registration on the Principal Register.
`
`
`
`
`
`WHEREFORE, for the foregoing reasons, Petitioner respectfully requests that the
`
`Trademark Trial and Appeal Board cancel U.S. Registration No. 4,773,671.
`
`
`
`Dated: Feb. 28, 2018
`
`
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`RESPECTFULLY SUBMITTED,
`
`
`
`
`
`
`Aero Health Aust Pty Ltd.
`
`By /Tracy L. Deutmeyer/_________
`Tracy L. Deutmeyer (NE #23262)
`McGrath North Mullin & Kratz, PC LLO
`Suite 3700 First National Tower
`1601 Dodge St.
`Omaha, Nebraska 68102
`(402) 341-3070 (phone)
`(402) 952-6870 (fax)
`trademark@mcgrathnorth.com
`ATTORNEYS FOR PETITIONER
`
`6
`
`

`

`
`
`
`
`
`
`CERTIFICATION UNDER 37 C.F.R. § 1.8
`
`I hereby certify that the above and foregoing PETITION FOR CANCELLATION is being
`
`filed electronically with the United States Patent and Trademark Office utilizing the Electronic
`
`System for Trademark Trials and Appeals this 28th day of February, 2018.
`
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`/Tracy L. Deutmeyer/_________
`TRACY L. DEUTMEYER
`
`7
`
`

`

`Generated on: This page was generated by TSDR on 2018-02-26 22:00:56 EST
`Mark: AERO BLUE
`
`EXHIBIT A
`
`AERO BLUE
`
`US Serial Number: 8616?620
`
`US Registration 4??36i'1
`Number:
`
`Filed as TEAS Yes
`Plus:
`
`Register: Principal
`
`Mark Type: Trademark
`
`Application Filing Jan. 16, 2014
`Date:
`
`Registration Date: Jul. 14, 2015
`
`Currently TEAS Yes
`Plus:
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`Status Date: Jul. 14. 2015
`
`Publication Date: Oct. 21. 2014
`
`Notice of Dec. 16. 2014
`Allowance Date:
`
`Mark Literal AERO BLUE
`Elements:
`
`Mark Information
`
`Standard Character Yes. The mark consists of standard characters without claim to any particular font style. size: or color.
`Claim:
`
`Mark Drawing 4 - STANDARD CHARACTER MARK
`Type:
`Disclaimer: ”BLUE"
`
`Goods and Services
`
`Note: The following symbols indicate that the registrantiowner has amended the goodstservices:
`
`u Brackets [_.] indicate deleted goodslservices:
`0 Double parenthesis (t..)) identify any goodsiservlces not claimed in a Section 15 affidavit of incontestacility: and
`o Asterisks *..' identify additional (new) wording in the goodstsewices.
`
`For: Surgical gowns
`
`International 010 - Primary Class
`Classles}:
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jan. 16. 2014
`
`U.S Class{es}: 026, 039. 044
`
`Use in Commerce: Aug. 08. 2014
`
`Basis Information [Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently lTU: No
`
`Currently MB: No
`
`Currentlyr 44E: No
`
`Currently 66A: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended MB: No
`
`Amended 44E: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`
`Current Owner(s) Information
`
`Owner Name: Avent. Inc.
`Owner Address: 5405 WlNDWARD PARKWAY
`
`

`

`Alpharetta. GEORGIA 30004
`UNITED STATES
`
`Legal Entity Type: CORPORATION
`
`State or Country DELAWARE
`Where Organized:
`
`Attorney/Correspondence Information
`
`Attorney Name: Andrea E. Bates
`
`Attorney Primary abates@bates-bates.oom
`Emaii Address:
`
`Correspondent Andrea E. Bates
`NameIAddress: Bates & Bates. LLC
`1890 Marietta Civd., NW
`Atlanta. GEORGIA 30313
`UNITED STATES
`
`Phone: 404-228-T439
`
`Attorney of Record
`
`Attorney Email Yes
`Authorized:
`
`Correspondent
`
`Fax: 404-963-6231
`
`Correspondent e- abates@bates-bates.oom jsteedeates-
`maii: hates.oom
`
`Correspondent e- Yes
`mail Authorized:
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`Jul. 14. 2015
`Jun. 09, 2015
`Jun. 08, 2015
`
`Apr. 10. 2015
`Mar. 03. 2015
`
`Apr. 08. 2015
`Apr. 07. 2015
`Mar. 03, 2015
`Dec. 16. 2014
`Dec. 08. 2014
`Dec. 08. 2014
`Nov. 12. 2014
`Oct. 21. 2014
`
`Oct. 21. 2014
`Oct. 01. 2014
`
`Sep. 12. 2014
`Sep. 11. 2014
`Aug. 28. 2014
`Aug. 23. 2014
`Aug. 28. 2014
`Aug. 28. 2014
`Aug. 23. 2014
`Mar. 14, 2014
`Mar. 14, 2014
`Mar. 14. 2014
`Mar. 04. 2014
`Jan. 29. 2014
`Jan. 20. 2014
`
`Description
`REGISTERED-PRINCIPAL REGISTER
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E—MAILED
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`
`ASSIGNED TO EXAMINER
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`TEAS STATEMENT OF USE RECEIVED
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`ATTORNEYIDOMREPREVOKED ANDIOR APPOINTED
`TEAS REVOKEIAPPICHANGE ADDR OF ATTYIDOM REP RECEIVED
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`ASSIGNED TO LIE
`APPROVED FOR PUB - PRINCIPAL REGISTER
`EXAMINER'S AMENDMENT ENTERED
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`EXAMINERS AMENDMENT E-MAILED
`EXAMINERS AMENDMENT -WRITTEN
`NOTIFICATION OF PRIORITY ACTION E-MAILED
`PRIORITY ACTION EMAILED
`PRIORITY ACTION WRITTEN
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`NEW APPLICATION ENTERED IN TRAM
`
`TM Staff and Location Information
`
`TM Stat? Information - None
`File Location
`
`11:33:?“
`
`65362
`65362
`
`81099
`65362
`
`T379?
`T319?
`
`88888
`6328
`6328
`82104
`6326
`6326
`82104
`82104
`
`

`

`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Jun. 08. 2015
`
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 2
`
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`
`Reelil—“rame: 539610624
`Date Recorded: Nov. 07, 2014
`
`Supporting assignment-tm-5396-0624.pdf
`Documents:
`
`Assi nment 1 of2
`
`Registrant: Ayent, Inc.
`
`Pages: T8
`
`
`Name: KIMBERLY-CLARK WORLDWIDE INC.
`
`Legal Entity Type: CORPORATION
`
`Name: AVENT. INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 5405 WINDWARD PARKWAY
`ALPHARETTA. GEORGIA 30004
`
`Correspondent JOANNA STEED
`Name:
`
`Correspondent 1890 MARI ETTA BLVD. NW
`Address: ATLANTA. GA 30318
`
`Assignor
`Execution Date: Oct. 30, 2014
`
`State or Country DELAWARE
`Where Organized:
`
`Assignee
`
`State or Country DELAWARE
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment 2 of 2
`
`Conveyance: SECURITY INTEREST
`
`ReeliFrame: 5493:0346
`
`Date Recorded: Apr. 06. 2015
`
`Supporting assignment-tm-5493-0346.pdf
`Documents:
`
`Name: AVENTI INC.
`
`Legal Entity Type: CORPORATION
`
`_._..._._._..._........._..._..._._._..._._....a._.._
`Name: MORGAN STANLEY SENIOR FUNDiNG INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 1585 BROADWAY
`NEW YORK, NEW YORK 10036
`
`Correspondent MARK LANGER
`Name:
`
`Correspondent 1460 EL CAMINO REAL. 2ND FLOOR
`Address: SHEARMAN 8. STERLING LLP
`MENLO PARK. CA 94025
`
`Pages:
`
`‘14
`
`Assignor
`
`Execution Date: Feb. 2?, 2015
`
`State or Country DELAWARE
`Where Organized:
`
`Assignee
`
`State or Country DELAWARE
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

`Generated on: This page was generated by TSDR on 2013-02-2? 11:5?:32 EST
`Mark: AERO
`
`EXHIBIT B
`
`HERO at
`
`'5‘
`
`US Serial Number: 79199341
`
`Register: Principal
`
`Mark Type: Trademark. Service Mark
`ms Common Status
`Descriptor:
`
`E
`
`Appiicetiorl Filing May 3t]. 2016
`Date:
`
`LIVEIAPPLICATIONIUnder Examination
`
`The trademark application has been accepted by the Office (has met the
`
`minimum filing requirements) and that this application has been assigned to
`an examiner.
`
`Status: A final Office action refusing registration has been sent (issued) because the applicant neither satisfied nor overcame all requirements
`andfor refusals previously raised. The applicant may respond by filing (1) a request for reconsideration: andlor (2) an appeal to the
`Trademark Trial and Appeal Board. To view all documents in this file. click on the Trademark Document Retrieval link at the top of this
`page.
`
`Status Date: Aug. 29. 201?
`
`Mark Information
`
`Mark Literal AERO
`Elements:
`
`Standard Character No
`Claim:
`
`Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH lNCLUDES WORDfS)! LETTER(S)fNUMBER(S)
`Type:
`
`Description of The mark consists of the word "AERO" to the left of a cross formed by a depiction of two folded belts.
`Hark:
`
`Color Drawing: Yes
`
`Calorie) Claimed: Color is not claimed as a feature of the mark.
`
`Design Search 24.1106 - Plus symbol (+)
`Code(s): 26.15.25 - Polygons with one or more curved sides
`
`Related Properties Information
`
`International 1326061
`Registration
`Number:
`
`International May 30, 2016
`Registration Date:
`
`Claimed Ownership 4408986
`of US
`Registrations:
`
`Goods and Services
`
`Note: The following symbols indicate that the registrantiowner has amended the goodslservices:
`
`t Brackets [..] indicate deleted goodsiservices:
`0 Double parenthesis ((..)) identify any goodsiservices not claimed in a Section 15 affidavit of incontestabiiity: and
`I Asterisks '..“ identify additional (new) wording in the goodsiservices.
`
`For: Wholesale and retail services. namely. wholesale store. wholesale distributorship and online retail store services featuring medical and
`surgical gloves. face shields and face masks. first aid products. absorbent pads and swabs. eye patches. wipes for medical use.
`creams, ointments. lotions, sprays and gets for medical use or for sun screening or blocking. lubricants for medical use. disinfectants
`for disinfectant dressings. disinfectant swabs. disinfectant powder for veterinary use in the first aid and medical field. sanitary
`preparations for medical purposes. and medicated pro-moistened tissues for medical use: business advisory. consultancy and
`information services in relation to the aforementioned services: none of the aforementioned services relating to any lighting products,
`
`

`

`lighting apparatus. lighting installations or lighting accessories
`
`International 035 - Primary Class
`Class{es}:
`Class Status: ACTIVE
`
`Basis: Gala}
`
`U.S Classles): 100. 101. 102
`
`For: Medical and surgical products. namely. medical and surgical gloves. medical and surgical face shields and medical and surgical face
`masks
`
`International 010 - Primary Class
`Classles}:
`Class Status: ACTIVE
`
`Basis: Gala)
`
`U.S Classles}: 026, 039. 044
`
`For: Plasters. namely, medical plasters. medicated plasters. piasters for medical purposes and anti-rheumatic plasters: bandages. namely.
`adhesive bandages; absorbent pads. namely. pads for absorbing wound exudates; absorbent swabs in the nature of cotton swabs for
`medical use; absorbent articles for medical use, namely. absorbent dressings for wound sites; patches. namely. eye patches for
`medical purposes: strips for medical use. namely. dissolyable strips to stop bleeding from minor cuts and grazes; adhesive films.
`patches. strips. tape. bands and bandages for medical use: wipes for medical use. namely. wipes impregnated with medical
`preparations; medical dressings. namely. wound dressings. burn dressings and materials for dressings in the nature of gauze for
`dressings; ointments for medical use. namely. antibiotic ointments; gels for medical use. namely. antivinfiammatory gels: sun blocking
`or sun screening balms. creams. ointments. lotions. sprays and gels: disinfectants. namely. disinfectants for disinfectant dressings.
`disinfectant gels for use in the first aid and medical field. disinfectant swabs and disinfectant powder for veterinary use in the first aid
`and medical field: sanitary preparations for medical purposes; medicated ore-moistened tissues for medical use; and filled first aid kits
`
`International DOS-Primary Class
`Classrles}:
`Class Status: ACTIVE
`
`Basis: 66(8)
`
`U.S Classles): 006.018.044.046.051.052
`
`Basis Information [Case Level!
`
`Filed Use: No
`
`FlleleU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: Yes
`
`Currently Use: No
`
`Currently lTU: No
`
`Currently 440: No
`
`Currently 44E: No
`
`Currently 66A: Yes
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended MB: No
`
`Amended 44E: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`
`Current Owner(s) Information
`
`Owner Name: Aero Health Aust Pty Ltd
`Owner Address: 63 Seaton Street
`Armidale NSW 2350
`AUSTRALIA
`
`Legal Entity Type: CORPORATION
`
`State or Country AUSTRALIA
`Where Organized:
`
`Attorney/Correspondence Information
`
`Attorney Name: Tracy L. Deutmeyer
`
`Attorney Primary trademark mc rathnorthoom
`Email Address:
`
`Correspondent Tracy L. Deutmeyer
`NamelAddress: McGrath North Mullin & Kratz. PC LLO
`1601 Dodge Street. Suite 3T0!)
`Omaha. NEBRASKA UNITED STATES 68102
`
`Attorney of Record
`
`Attorney Email Yes
`Authorized:
`
`Correspondent
`
`Phone:
`
`(402) 341-3070
`
`Fax:
`
`(402) 952-6870
`
`Correspondent e- trademaermcgrathnorthcom
`mail:
`
`Correspondent e- Yes
`mail Authorized:
`
`Domestic Representative - Not Found
`
`

`

`Prosecution History
`
`Date
`Feb. 16, 2018
`
`Aug. 29. 201?
`Aug. 29. 201?
`Aug. 29, 201?
`Aug. 10. 201 ?
`Aug. 10I 201?
`Aug. 09. 201?
`Jul. 12,201?
`Jan. 2?. 201?
`Jan. 12.201?
`
`Jan. 12,201?
`Jan. 10,201?
`
`Jan. 05, 201?
`Jan. 04. 201?
`
`Jan. 04, 201?
`Jan. 04, 2017
`Dec. 29. 2016
`
`Description
`LIMITATION OF GOODS RECEIVED FROM IB
`
`NOTIFICATION OF FINAL REFUSAL EMAILED
`FINAL REFUSAL E-MAILED
`FINAL REFUSAL WRITTEN
`TEASIEMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`ASSIGNED T0 LIE
`TEAS RESPONSE TO OFF CE ACTION RECEIVED
`REFUSAL PROCESSED BY IB
`NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
`
`
`
`REFUSAL PROCESSED BY MPU
`APPLICATION FILING RECEIPT MAILED
`
`NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
`NON-FINAL ACTION WRITTEN
`
`ASSIGNED T0 EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`SN ASSIGNED FOR SECT 66A APPL FROM IB
`
`:Loggztrting
`
`91165
`?0884
`?0884
`?0884
`
`6?445
`
`91165
`
`91165
`
`International Registration Information (Section 66a)
`
`International 1328061
`Registration
`Number:
`
`Priority Claimed Yes
`Flag:
`
`lntl. Registration REDU EST FOR EXTENSION OF PROTECTION
`Status: PROCESSED
`
`Notification of Dec. 29. 2016
`Designation Date:
`
`International May 30, 2026
`Registration
`Renewal Date:
`
`International May 30, 2016
`Registration Date:
`
`Date of Section 6? Feb. 01, 2016
`Priority Claim:
`
`Date of Dec. 29, 2016
`International
`Registration
`Status:
`
`Date of Automatic Jun. 29. 2018
`Protection:
`
`First Refusal Flag: Yes
`
`TM Staff and Location Information
`
`TM Attorney: GEARHART. DAVID JAMES
`
`Current Location: TMO LAW OFFICE 112 - EXAMINING
`ATTORNEY ASSIGNED
`
`TM Staff Information
`
`Law Office LAW OFFICE 112
`Assigned:
`File Location
`
`Date in Location: Aug. 29,201?
`
`

`

`Generated on: This page was generated by TSDR on 2013-02-2? 11:50:04 EST
`Mark: AERO HEALTHCARE
`
`EXHIBIT C
`
`US Serial Number: T9109041
`
`US Registration 4408956
`Number:
`
`Register: Principal
`
`Mark Type: Service Mark
`m5 Common Status
`Descriptor:
`
`Application Filing Nov. 30, 2011
`Date:
`
`Registration Date: Oct. 01, 2013
`
`AERO HEALTHCARE
`
`LIVEiREGiSTRATiONiissued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`Status Date: Oct. 01, 2013
`
`Publication Date: Jul, 16. 2013
`
`Mark Literal AERO HEALTHCARE
`Elements:
`
`Mark Information
`
`Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size. or color.
`Claim:
`
`Mark Drawing 4 - STANDARD CHARACTER MARK
`Type:
`Disclaimer:
`
`"HEALTHCARE"
`
`
`Related Properties Information
`
`1 106551
`
`International
`Registration
`Number:
`
`International Nov. 30. 2011
`Registration Date:
`
`Goods and Services
`
`Note: The following symbois indicate that the registrantiowner has amended the goodsiservices:
`
`0 Brackets [..] indicate deleted goodsiservices;
`0 Double parenthesis ([..]) identify any goodsiservices not claimed in a Section 15 affidavit of incontestability: and
`a Asterisks '..* identify additional (new) wording in the goodsiservioes.
`
`For: Wholesale distributorship services featuring medical. surgical. first aid, healthcare and veterinary products: business management
`advisory. consultancy and information services in relation to the aforementioned services; none of the aforementioned services relating
`to or including any lighting products, lighting apparatus. lighting installations or lighting accessories
`
`International 035 - Primaryr Class
`Classies]:
`Class Status: ACTIVE
`
`Basis: 66(3)
`
`U.S Classics): 100. 101.102
`
`Basrs Information [Case Level)
`
`Filed Use: No
`
`FlleleU: No
`
`Filed 440: No
`
`Filed 44E: No
`
`Filed 66A: Yes
`
`Currently Use: No
`
`Currently ITU: No
`
`Currently 440: No
`
`CurrentlyME: No
`
`Currently 66A: Yes
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`

`

`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner! 5) Information
`
`Garner Name: Aero Health Aust Pty Ltd
`Owner Address: 63 Seaton Street
`Armidale NSW 2350
`AUSTRALIA
`
`Legal Entity Type: CORPORATION
`
`State or Country AUSTRALIA
`Where Organized:
`
`Attorney/Correspondence Information
`
`Attorney Name: Philana S. Handler
`
`Attorney Primary philanaQWCC-Igoom
`Emall Address:
`
`Attorney of Record
`Docket Number: 082T0056MA
`
`Attorney Email Yes
`Authorized:
`
`Correspondent
`
`Correspondent Philana 8. Handler
`NamelAddress: WHITHAM. CURTIS. CHRISTOFFERSON&COOK. PC
`SUITE 340
`11491 SUNSET HILLS ROAD
`RESTON. VIRGINIA UNITED STA