A
`
`IN THE UNITED STATES PATENT OFFICE
`
`PRINCIPAL REGIsTER
`
`STATEMENT
`
`Amicnrlcn
`
`N0. 633635
`
`SERTA SSOCIATES, INC., a corporation duly organized
`
`under the laws
`
`f Delaware,
`
`located at'Wi1mington, Delaware,
`
`and doing basin as at 666 North Lake shore Drive, Chicago,
`Illinois (the s areholders of which are associated in the manu-
`
`facture and sal , under applicant's certification marks, of
`mattresses of
`iform grade and quality,
`in accordance with
`
`specifications issued by applicant for the materials used there-
`
`in), has adopt d and is exercising legitimate control over the
`
`use of the col ective mark shown in the accompanying drawing for
`narrasssss,
`in Clas 32, Furniture and Upholstery, and presents
`
`herewith five (5) specimens showing the collective mark as actu-
`a11y_used in onnection with such goods by members of such orga-
`
`nization,
`
`the coliective mark being applied to tags or labels
`
`affixed to th goods, and requests that the same be registered
`
`in the United States Patent office on the Principal Register,
`
`in
`
`accordance wi h the Act of July 5, 19#6.
`
`The collective mark is
`
`used in conn ction with the goods to indicate that the manufac-
`turer thereo is a member of the said corporation and association,
`The ollective mark was first used on August 10, 1938,
`and first as d in commerce among the several states which may
`
`lawfully be »egu1ated by Congress on August 10, 1938.
`
`BECLARATIOH
`
`C. FRA IS PEARCE, Jr., Vice-?resident of sorta Associates,,
`
`Inc.,
`
`the appl cant named in the foregoing statement, being duly
`
`
`
`
`
`IN THE UNITED STATES PATENT OFFICE
`
`PRINCIPAL REGIsTER
`
`STATEMENT
`
`Amicnrlcn
`
`N0. 633635
`
`SERTA SSOCIATES, INC., a corporation duly organized
`
`under the laws
`
`f Delaware,
`
`located at'Wi1mington, Delaware,
`
`and doing basin as at 666 North Lake shore Drive, Chicago,
`Illinois (the s areholders of which are associated in the manu-
`
`facture and sal , under applicant's certification marks, of
`mattresses of
`iform grade and quality,
`in accordance with
`
`specifications issued by applicant for the materials used there-
`
`in), has adopt d and is exercising legitimate control over the
`
`use of the col ective mark shown in the accompanying drawing for
`narrasssss,
`in Clas 32, Furniture and Upholstery, and presents
`
`herewith five (5) specimens showing the collective mark as actu-
`a11y_used in onnection with such goods by members of such orga-
`
`nization,
`
`the coliective mark being applied to tags or labels
`
`affixed to th goods, and requests that the same be registered
`
`in the United States Patent office on the Principal Register,
`
`in
`
`accordance wi h the Act of July 5, 19#6.
`
`The collective mark is
`
`used in conn ction with the goods to indicate that the manufac-
`turer thereo is a member of the said corporation and association,
`The ollective mark was first used on August 10, 1938,
`and first as d in commerce among the several states which may
`
`lawfully be »egu1ated by Congress on August 10, 1938.
`
`BECLARATIOH
`
`C. FRA IS PEARCE, Jr., Vice-?resident of sorta Associates,,
`
`Inc.,
`
`the appl cant named in the foregoing statement, being duly
`
`
`
`
`
`
`
`Serta Associatۤ:#Inc._
`
`
`
`sworn, deposes an
`
`says that he believes said corporation is
`
`the owner of the c llective mark which is in use in commerce
`
`among the several
`Congress and that,
`
`tates which may lawfully be regulated'by
`to the best of his knowledge and belief, no
`
`other person, fir , corporation or association has the right to
`
`authorize the use
`
`f, and no person, firm, corporation or asso-
`
`
`
`ciaticn other tha
`
`the shareholder members of applicant has the
`
`
`right to use, suc collective mark in commerce which may lawfully
`be regulated by C ngress, either in the identical form thereof
`or in such near
`esemhlance thereto as might be calculated to
`
`that th drawing and description truly represent the
`deceive;
`collective mark ought to be registered;
`that the specimens show A
`
`the mark as set
`
`lly used in connection with the goods; and that
`
`the facts set f rth in the Statement are true.
`
`
`
`POWER GF ATTORNEY
`
`The un
`
`rsigncd hereby appoints'THIESS, OLSON &
`
`MECKLENURGER, of 77 West Washington Street, Chicago 2, Illinois,
`
`Reg. No. 9622, its attorneys to prosecute this application for
`
`registration,
`
`ith full power of substitution and revocation,
`
`to
`
`
`
`transact all b siness in the Patent Office connected therewith,
`
`_and to receive he certificate.
`
`
`
`Chicago, Illinois
`
`ix
`V“
`
`August 5,’ 1952.
`
`SERTA ASSOCIATES, INC.,
`
`
`By
`.
`Cijgigéiig’
`
`
`
`:
`‘Eepta AssocIates:’1np.
`
`STATE or ILL NOIS
`
`couxwv or co K
`
`§
`
`ss.
`
`Bet’
`
`e ‘me personally appeared C. Francis Pearce, Jr.,
`
`to me knewn to be the person described in the above application
`
`for resist:-ae ion, who signed the foregoing instrument in my
`
`therein, on t e
`
`—__——..._
`—
`
`day of
`
`presence and made 63%; before me to the allegations set forth
`
`
`My commission‘ expires @’(”/i"/(kg,
`
`:
`
`.1952.
`
`
`
`AUG-*8-52
`
`24220 :.Mk
`
`‘
`
`':R:i|RLlNRH;‘.RODL;::dEs‘K
`A.F. MECKLENBUF€GER,'
`THORLEY VON HOLST
`BEDTRAM WM.COLTMAN
`ALBERT n-LPENDLI-:ToN
`SIDNEY NEUMAN
`A.APNOLD BRAND
`WILLARD I_.PoLI;ARD _
`CARL«MAR)<
`ARTHUR B.SEIBOLD,dR.
`ROBERT W, POOHE
`FRED T.WlLL|AM'S
`VICTQI? MYER
`
`RALPH E.CHlJRCH,dR..
`RcB:R'rc,cAMP
`ARTHUR A.OLSON,JR_
`
`_
`
`rt‘,-V
`""‘m.,__/
`“"' H ""‘
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`L
`
`.
`
`I‘
`
`'
`
`$51
`V
`4'
`0‘
`”\“;,,J‘ ATTORNEYS AND CCUNSELORS
`3‘
`77 was? WASHINGTON STREET
`
`-
`
`xx
`
`/2
`
`-
`
`.
`
`2
`FINANCIAL S-I200
`
`V
`
`6’
`
`1 ‘
`
`1
`
`‘
`-%—
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`~
`‘ "
`£6: cg;
`ROBERT LEWIS AM E5
`ASSOCIATE COUNSEL
`WALTER CLYDE JoN:s.Iass-I925
`KEENE H.ADDINGToN,lBSa-leza
`ARTHUR a.s::aou.n,nsoe-usiaz
`(nznnzoj
`
`Hon. Commissioner of Patents
`Trade—Hark eperations
`Washington 25, B. G;_
`
`Sir:
`
`We enclose herewith formal papers, five specimens
`
`and a drawing in the application for registration of the
`
`illustrated trade-mark under the Act of 19#6 for Serta
`
`Afisociates, Inc.,
`
`together with our check for($25 to cover
`
`the registration fee.
`
`Respectfully,
`
`fHIES , OLSON & MCKLENURGER
`
`
`
`
`
`
`
` CLASS32, EURMTURE AND
`
`~
`
`~~—L1El:iQL§IERXs
`
`REGWSTERED
`
`
`
`NOV 1'] 1953
`
`
`
`A
`
`PROPRIETOR,
`5%fi Jddactdféi, ./42¢.
`%é«xZz¢éé«@L.
`
`
`
`
`PUBLISHED I
`
`.N O G’
`Auu 13 $53
`PATENT OFFICE
`
`
`
`
`
`u.,
`
`
`
`
`
`
`
` ’
`
`'
`
`
`
`2% I
`
`gm ., ,2». 10.1%
`M 13 195’
`‘ALIA 03033,.’
`’
`Qgtfifli
`IN THE UNITED STATES PATENT OFFICE 9.P...yT«°{ l"’°"*"’-
`
`wt»
`
`’ /
`APPLICATION or
`SERTA ASSOCIATES,
`INC.
`SERIAL NO. 633,635/
`
`FILED AUGUST 8, 1952 /
`
`For Trade—Mark SERTA and
`Design
`
`Division III
`
`Hon. Commissioner of Patents
`Trade—Mark Operations
`Washington 25, D. C.
`
`Sir:
`
`Amendment
`
`In regard to the above-identified application,
`
`in
`
`connection with which no action has been taken by your Office,
`
`there are submitted herewith a new Statement, Declaration,
`
`Power of Attorney and Oath. we respectfully request that
`
`these documents be substituted for and instead of those
`
`originally filed herein, retaining, however,
`
`the drawing and
`
`specimens of the mark originally filed.
`
`Respectfully,
`
`SERTA ASSOCIATES, INC.,
`
`By Its Attorneys:
`
`/
`
`THIESS, OLSON, MCKLENBURGER, Von HOLST & COLTMAN,
`
`By
`
`‘a
`
`
`
`% 633.635 ‘
`
`REMARKS :
`
`Since the filing of this application, certain new or
`
`additional facts have been discovered.
`
`It was known and appreciated, of course,
`
`that appli-
`
`cant's licensees were not permitted to use those of applicant's
`
`trade-marks for which specifications had been issued except on
`
`or in connection with goods made in full compliance with said
`specifications, respectively.
`\
`
`It was not known to us as applicant's attorneys or
`
`fully appreciated by applicant that the licensees were prohib-
`
`ited from making and/or selling any goods except those for
`
`which applicant had issued its specifications.
`
`Having been under the erroneous impression that the
`
`licensees were free to make and/or sell goods in the mattress
`
`or bedding field for which no specifications had been issued,
`
`it seemed that the licensees were free to trade-mark such goods
`
`in any manner they might see fit, provided they did not breach
`
`the license agreements, or,
`
`in other words,
`
`that the licensees
`
`might have and use nonconflicting trade—marks or labels of
`
`their own. with such goods so labeled it appeared that they
`
`might also use the mark which is the subject of this application.
`Applicant's trade—marks were and are of two different
`
`kinds, namely: first, those trade—narks, of which the one
`covered by this application is typical,
`in connection with
`which no specifications were and are issued; and second,
`those
`trade—marks, of which copending application Serial No. 634,275,
`“Perfect Sleeper," is typical, which are to be used only on
`goods made in full compliance with applicant's specifications
`related directly thereto. Applicant's trade—marks are, of
`
`course, indicia of origin, but those of the kind secondly above
`
`defined seemed to carry additional implications.
`
`
`
`5" s.N. :_633,63
`
`Based on the said premise, it seemed also that the
`
`licensees were free to use the marks of the first category even
`
`with goods of their manufacture which carried private labels
`and did not necessarily comply with applicant's specifications.
`
`Such, however, is not the case.
`
`The fact stated in the
`
`third paragraph of these remarks, namely,
`
`that applicant's
`
`licensees are prohibited from making and/or selling any_goods
`except those for which applicant had issued specifications,
`
`demonstrates the truth of the old cliche that when arguing from
`
`a false premise one must necessarily arrive at a false conclusnm
`
`In View of the newly discovered fact above mentioned,
`
`the trade-mark which is the subject matter of this application
`
`is in the same category as all the others except in the single
`
`particular that there are no specifications peculiar to it.
`
`ggwy
`
`9?999F}lh°W°V9r%,P? used $X°ePt-°“aS°9¢$.Wh19h conform to 9H9 0?
`
`another of the specifications issued by applicant.
`7 Agcbéaifigiy, when the respective licensees are entitled ,
`
`to use, for example,
`
`the trade-mark "Perfect Sleeper" or any
`
`other of applicant's marks for which specifications have been
`
`issued, such licensee is entitled at the same time to use the
`
`mark which is the subject of this application. This mark may
`
`not, however, be used on or in connection with any other goods
`
`of the licensee.
`Indeed, as noted,
`the licensee is not permitted
`to make or sell any goods except such as are made in tu1l¥com—W
`pliance with applicantis specifications[ii
`‘
`T
`““”"W“WNlt is, moreover,
`just as true of the trade-mark here
`
`under consideration as it is of any other of the trade-marks
`
`herein mentioned or referred to that it is the property of and
`
`belongs to the applicant, Serta Associates, Inc., and not to
`
`its members who are its licensees.
`
`It is therefore, strictly
`
`
`
`speaking, not a collective mark within the provisions of Section
`
`# or the definition of "collective mark" in Section #5 of the
`
`Act.
`
`It is, we submit, entitled to registration by applicant
`
`under the "related company“ provisions of the Act.
`
`The tapers herewith are accordingly submitted as substi-
`
`tutes for those originally filed, and it is respectfully request-
`
`ed that they be approved and that this application be passed to
`
`publication.
`
`Respectfully submitted,
`
`i THIESS, OLSON, MECKLENBURGER, Von HOLST & COLTMAN,
`
`
`
` orneys
`
`Chicago, Illinois,
`
`May 7,
`
`1953.
`
`633,635
`
`
`
`sat %e%%%’a>‘$
`
`l =
`
`flg§p13 VIB
`
`CA3 C11 C3’:
`
`9;;
`
`,;N Thfi UNITED STATES PATENT OFFICE
`
`
`
`=1sfii
`'*PPLICATION OF
`
`‘
`
`$lsERTA‘AssocxATEs,
`SERIAL No. 633,635
`
`INC.
`
`FILED AUGUST 8, 1952
`For Trade-Mark SERTffV fi
`Design
`.W
`
`
`
`! xligion xxx
`
`To the H935 able Commissioner of Patents:
`
`J
`
`.4‘
`
`§I駧E§§E7
`Sfi§Eé?A#§6EfK¥E§z I#f., a corporation duly organized
`under the laws of Delaware,
`located at Wilmington, Delaware,
`and doing business at 666 North Lake Shore Drive, Chicago!
`Illinois, has adopted and through related companies is using
`in
`the mark shown in the accompanying drawing, for MATTRESSES,
`Class 32, Furniture and’fipholstery, and presents herewith five
`(5) specimens showing the mark as actually used in connection
`
`with such goods by persons duly authorized by applicant and
`
`legitimately controlled by it in respect to the nature and
`
`quality of the goods in connection with which the mark is used,.
`the mark being applied to tags or labels affiked to the goods,
`
`and requests that the same be registered in the United States
`
`Patent Office on the Principal Register,
`in accordance with the
`/figt of July 5, 1946.
`The mark is used on or in connection with
`fthe goods to indicate that the manufacturer is a licensee of
`applicant and that the licensee is legitimately controlled by
`
`applicant in respect to the nature and quality of the goods in
`6 connection with which the mark is used.
`
`The mark was first used by one of applicant's licensees
`
`on August 10, 1938, and first used by said licensee in commerce
`among the several states which may lawfully be regulated by
`‘fly
`
`
`
`s_,.;l:’§, has", 635 ii
`
`a
`
`C
`
`Av
`
`I
`
`I‘:
`34:
`is,
`ongre;5k:?‘a:g:\1:
`it
`we?‘/hr 3r,0,£iqL 72.1.4 cf.-l
`¥k
`.m,
`DECy§§g§;0N
`¢\-C‘
`\\
`A C. FRANCIS PEARCE, Jr., being duly sworn, depcses and
`says that he is vice—president of %erta Associates, Inc.,
`the
`applicant named in the foregoing Sgatement;
`that he believes
`that the said corporation is the 0 er of the mark which is
`
`t 10
`
`l 8.
`
`.'91Lr~u'n+ Rh”! awhel‘ “L
`‘l"l-7\,d6~Vb\a_I"/Y 34.0w»:
`
`\m4o..
`
`used by it through related companies in commerce among the
`several states which may lawfullygbe regulated by Congress, and
`to the best of his knowledge andgbelief no other person, firm,
`corporation or association othergthan applicant and those duly
`authorized by applicant and legitimately controlled by it in
`respect to the nature and qualyiy of the goods in connection
`with which the mark is used ha; the right to use the mark in
`
`commerce which may lawfully be regulated by Congress, either in
`the identical form thereof orgin such near resemblance thereto
`as might be calculated to degeiveg that the drawing and descrip-
`tion truly represent the maa sought to be registered;
`that the
`specimens show the related—éompany mark as actually used in
`connection with the goodsggihat applicant legitimately controls
`its licensees,
`the users of said mark,
`in respect to the nature
`and quality of the goods fi connection with which the mark is
`3
`
`used; and that the facts ,et forth in the statement are true.
`
` »=vuM.~.a.,,.,,m_,.“R
`
`P0
`
`E OF ATTORNEY
`
`The undersigned hgreby appoints THIESS, OLSON,
`MECKLENBURGER, Von HOLST é COLTMAN, of 77 West fiashington
`Street, Chicago 2, Illinogs, Reg. No. 9622, its Mitattorneys to
`prosecute this applicatiof for registration, with full power
`
`5)
`§
`
`
`
`s,n;:o§3,63
`
`of substitution and revocation,
`
`to transact all business in
`
`the Patent Office connected therewith, and to receive the
`certificate.
`
`358
`
`ERTA ASSOCIATES,
`
`INC.,
`
`~fi
`
`Chicago, Illinois,
`
`May 7. 1953-
`
`’STATE OF ILLINOIS
`
`COUNTY OF COOK
`
`;
`
`Before me personally appeared C. Francis Pearce, Jr.,
`to me known to be the person described in the ahove application
`
`for registration, who signed the foregoing instrument in my
`
`H"”
`therein, on the 5;;
`
`day of
`
`presence and made o:?h before me to the allegations set forth
`9
`-
`
`/
`
`
`
`
`/$54
`
`.4
`V
`M commission expirest7@¢,;
`
`Publ c
`
`r%
`
`No
`
`
`
`POL-89
`THE COMMISSIONER OF PATENTS
`“"°“‘“ °“'‘'
`TRADE-MARK OPERATIONS
`“mm” a_ D_ G
`
`‘
`
`'
`
`i
`
`PAPER No.
`
`2
`
`‘ DEPARTMENT OF COMMERCE
`UNITED STATES PATENT OFFICE
`WASHINGTON
`
`1'
`.141;
`mb ,
`'
`:3 “$5” 5; an agfofl
`
`Please find below a communication fromithe EXAMINER in
`
`.
`4 4
`I
`ILETCII-IIIIZ7171/1-’
`-..r r y»-'..
`
`charge of this application.
`
`31
`CommissionerofPatents.
`
`
`
`Thiess, Olsdh, Meck1enburg~
`77 W. Washington St.
`____,
`Chicago 2, I11.
` mwo
`16-53625-4
`AILED -
`'
`
`Ammmm: berta Associates, Inc.
`
`%*”N“ 633;63S
`FM
`Aug 8. 1952
`E"
`T. M.
`
`%F
`
`If applicant is the owner of Reg. No. 370,996,
`
`a claim of ownership thereof should appear in the
`
`statement.
`
`MIN
`
`SERTA 8: DESIGN
`
`B1‘/{R:jag
`732%
`
`A proper response to this Office action must be received within
`1‘ from the date of this action in order to avoid ABANDONMENT.
`
`6
`
`months 1
`
`
`
`4
`
`‘T
`
`
`
`
`
`¢
`'~’RADE
`MARKS
`g
`\\ JUN 161953
`._
`h
`
`i
`
`y___
`
`I
`24, 3 .
`Czu~¢t.6L
`’
`'
`*““”%'¥I 9§§'q§~xITED STATES» PATENT OFFICE
`“'4-’\
`
`>
`
`d
`‘
`
`»
`
`SERTA ASSOCIATES,
`INC.
`SERIAL N0. 633,635/
`FILED AUGUST 8, 1952 /
`
`Far Trade-Mark SERTA and
`
`» Design
`
`T. M. Division III
`
`Vfien. Commissiener of Patehts
`Tradegmark operations
`-
`Washington 25, D. C.
`
`sir:
`
`Amendment
`
`Responsive to Offiqe Action dated may 29, 1953, kindly
`
`amend the above application by adding the following paragraph
`
`be the Statement:
`
`//"Applicant is the registrant and owner of Reg. No.
`
`370,996 and of the trade—mark shown therein."
`
`Respectful1y,.
`
`SERTA ASSOCIATES, INC.,
`
`- day Its Attorneys:
`
`
`
`REMARKS:
`
`\
`
`The above amendment is in conformity with Gffioe Action’
`
`dated May 29, 1953.
`
`_
`
`It is respectfully submitted that this application should
`
`now be passed to publication.
`
`Respectfully submitted,
`
`///
`
`
`
`'Gnicage, Illinpis,
`June 11, 1953.
`
`
`
`P(<7>_Ig5rr
`-mass om
`‘rm-: oommssxonsn or PATENTS
`TRADE-MARK °FER-"|°N5
`WASHINGTON 23. D. 6.
`
`les
`
`‘
`.
`_4
`'
`V COMMERCE
`_T
`p
`DEPARTMENT __
`‘
`UNITED STATES PATENT OFFICE
`WASHINGTON
`
`‘P
`PA1>nnNo.
`.
`.cn‘.
`L1,.-,‘"",',’,';".,‘.;',:-.,,.‘.‘$.':.‘;,,’.‘;’,‘,’:3,:’."..§
`,¢,.;
`,“,,,,;,a., due of fling’
`and name qf the applicant.
`
`MAILED . July 214': 1953
`
`I"
`
`L.
`
`TI-IIESS OLSON, MECKLENBURGER,
`,
`-
`8:; COLTMAN
`» g97N-H%I.‘S\'i.JA_SHINGTON s*r.
`CHICAGO 2’
`ILL.
`
`7
`
`_l
`
`Applicant: SERTA Ass0cIm:Es,IN0-
`.
`Glass NO- 32
`Gl'ass'No.:
`SerialNo.: I
`Fi1ed:Aug. 8, 1952
`ForMark:SERTA 8!: DESIGN
`
`NOTICE OF PUBLICATION
`
`The application for Registration of the mark identified above has been examined and in compliance
`with section 12 (a) of the Trade-Mark Act of 1946 has been passed for publication in the Official Gazette
`of August 18, 1953
`
`Any person who believes he would be damaged by the registration of this mark upon the Principal Register
`may, upon payment of the required fee, oppose the same by filing notice of opposition, stating the grounds
`therefor, in the Patent Oflice within 30 days after the publication thereof, which said notice of opposition shall
`be verified by the person filing the same before one of the oflicers mentioned in section 11 of the Trade-Mark Act
`of 1946.
`
`If no notice of opposition is filed within the time specified by rules 20.1 and 20.2 of the Rules of Practice in
`Trade-Mark Cases, the Commissioner of Patents may issue a Certificate of Registration.
`
`Copies of the Trade-Mark portion of the Official Gazette containing the publication of the mark may be
`obtained as soon as published at
`45 cents each from the Superintendent of Documents, Government Printing
`Oflicc.
`
`By direction of the Commissioner.
`
`are
`
`16-52562-6
`
`Examiner‘
`
`
`
`POI:-69
`
`ONLY
`PATENTS
`-ru: commssxouan
`TRADE-MARK or pmons
`w.-«sums-ron 25. o. c.
`
`les
`
`* ,3:OMMERCE
`DEPARTMENT’
`'
`;'.NT OFFICE
`,
`3
`'_
`UNITED STA},
`WASHINGTON
`
`,‘
`
`5 ,
`
`,.zz...,,.,.....,.-c.;,,-a,.mm,-,,g
`this afifilicalion should give tbs
`regimatiarg mmber and name
`of tbs applmwi.
`‘
`
`~
`
`Oc t . 2 2 , 1953
`
`I“
`
`L.
`
`TH IESS , OLSON , VON:-f HOBST &.
`COLTMAN —' 77 W. WASHING TON ST.
`CHIC Ass 2 ,
`ILL.
`
`‘I
`
`_.|
`
`Notice of Allowance
`
`The issuance oi 0. CERTIFICATE OF REGISTRATION has been approved
`
`in the matter of the following application:
`
`APPLICANT
`
`SERTA ASSOCIATES,
`
`INC.
`
`I
`
`SERIAL NO.
`’ 633,635
`FOR MARK
`
`SERTA &; DESIGN
`
`FILED
`Aug. 8, 1952
`
`CLASS
`32
`\
`
`The Certificate of Registration will be issued and mailed to you
`
`.011
`
`Nov. 17, 1953
`
`By direction of the Commissioner. W J
`
`u. s. aovnnuzlu Hmmua crnc:
`
`16--56823-B
`
`Examiner.
`
`
`
` IN was UNITED swarms PATENT OFFICE
`
`'
`
`KSD
`
`§
`
`’
`
`REGISTRATION N0. 582.464
`
`_DATED NOVEMER 17, 1953
`QAGT or 1946
`QT? SERTA ASSOCIATES,
`
`v "
`
`INC.
`
`331
`
`COMINED AFFIDAVITS UNDER SECTIONS 8 AND 15
`
`two the comissioner of Patents:
`
`.
`i
`J. A. Ferguson, being duly sworn, deposes and says that
`ii
`Ehe is Vice-President of Serta Associates,_Inc., a corporation
`
`duly organized and existing under the laws of the State_of
`
`Delaware, located at Chicago, Illinois, and doing business at
`666 North Lake shore Drive, Chicago, ll, Illinois; that said
`
`i corporation is the registrant and owner of the registration'iden~
`
`ltified above, No. 582,#64, dated November 17, 1953, as-evidenced
`
`by the accompanying title report; that the mark described therein
`has been in continuous use in commerce among the several states
`1I
`;for at least five consecutive years subsequent to the said date
`
`ii
`
`of registration, namely, from November 17, 1953,
`
`to the date
`
`,hereof, on or in connection with
`
`mAmrRnssas,
`
`;stated in said registration; that the mark is still in use in
`
`commerce as aforesaid in connection with said goods; that the
`
`Vspecimen presented herewith shows the trademark as actually used
`at the present time; that there has been no final decision adverse:
`‘to registrantts claim of ownership of such mark for such goods, org
`,its right to register the same, or to keep the same on the regis-
`
`iter, and that there is no proceeding involving said rights pending:
`Jin the Patent office or in any Court and not finally disposed of.
`
`
`
`POWER OF ATTOREY
`
`The said serta Associates, Inc... hereby appoints the
`
`firm of OLSON, MECKLENBURGER, Von HOLST, PENDLETON 8:: NEUMAN,
`77 West Washington Street, Chicago 2, Illinois, ‘Reg. No. 9622,
`its attorneys, with full power of substitution and revocation,
`to file this affidavit, and to transact all business in the
`
`Patent Office in connection therewith.
`
`SERTA ASSOCIATES,
`
`INC.
`
`By
`
`T
`
`e
`
`.
`
`93' 1'35
`
`en
`
`STATE OF ILLINOIS
`
`GOUNTY OF COOK
`
`§ 38.
`
`Before me personally appeared J.‘ A. Ferguson, to me
`
`personally known to be the person described in the foregoing
`instrument, who signed the same in my presence and made oath
`before me to the allegations set forth therein, on the
`;;g—‘""'{
`day of
`1959.
`W
`
`
`
`f
`
`3
`
`'''''/‘I'‘H'''''' ‘' ""' Notary Fu'61':[c:1
`My commission expires g’ix 9~0’
`
`/2[/
`
`(Seal)
`
`
`
`-Plinhvfl in U S A.
`
`ASSUBIATE
`MADE BYA SERT A
`?‘9~13L\y Sorln A..-.-Jriulo , Jm
`i..r:v5.r
`
`
`
`
`
`
`“éésw-15-Si 2241555 ziasw ‘
`SON,'MECKLENBURGER,\'/ON HOLST, PENDLETON & NEUMAN
`
`Am-Hun A_QL - .-’
`A.F. MECKLENB ~-
`THORLEY VON HOL
`ALBERT H. PENDLETON
`SIDNEY NEUMAN
`A_ ARNOLD BRAND
`ARTHUR B.5ElBOLD,JR.
`T. w
`‘
`Y
`I:/T:_:_3°R M”-EL;AMs
`~
`RALPH E..CHURCH,JFl.
`ARTHUR A.OLsON,JR.
`T-W«ANDER$°N.JR.
`JOSEPH P. CALABRESE
`JAM E5 R. DOWDALL
`DONALD A. PETERSON
`“THOMAS E.5MlTH
`
`‘
`
`>
`
`ATTORNEYS AND COUNSELORS
`77 WEST WASHINGTON STREET
`
`'
`
`CH O 2
`I.-|NANc|AL 5_|2oo
`
`I
`
`ARTHUR WM.NELSON
`
`ASSOCIATE COUNSEL‘
`WALTER CLYDE JONES, I398-I928
`ROBERT LEWIS AMESJSO3-I955
`KEENE H.ADDlNGTON, 1898-I922
`-
`y
`ARTHUR E SEIBOLD I906-I932
`(RETIRED)
`J.EERNl-IARD THlESS,|9I7-I955
`CABLE ADDRESS JONAD CHICAGO
`
`EZ:ZZTRi‘23:TéZGs
`V
`
`Hon. commissioner of Patents
`
`Trademark operations
`Washington 25, D. G.
`
`“\
`
`-m-rLE REPQRT
`
`_
`
`A
`
`A
`
`Re: Affidavit under seefiioge 8 and 15 A
`sex-‘ea Associates, "Inc.
`‘
`Trademark 3ER'I‘A i(,swi1:h design)
`Reg stration No’. $2,464
`
`'4'
`
`Tue enc1eae_nerewith the above»ident1fied affidavit,
`together with a label snowing the trademark.
`Also enclosed is our check fotflorra,
`It is requested that the Patent office” 13f-Ebvide
`report.
`a title report relating to said registration for gétent
`Office use in connection with the enclosed aff1da:'i't,.. ‘
`
`Respectfully,
`
`l
`
`OLSOR, MECKLENBURGEV
`
`Von KOLST, PENDIEETON 6: NEUPMN
`
`
`
`U. S. DEPARTMENT OF '°U”ERCE
`PATENT OFFICE
`'
`
`TITLE REPORT
`
`NO
`
`I
`
`Tmfl 582,464
`
`Serta Associates, Inc.
`
`THE TITLE APPEARS FROM THE ASSIGNMENT RECORDS TO BE VESTED IN:
`
`_______________________—_———————————————————————————
`Registrant
`
`
`
`EXAMINED UP TO AND INCLUDING
`
`Apr. 21, 1959
`
`May 23. 1959
`THIS CERTIFICATE DATED_____________________________________
`
`SGD. CARL LEVY
`HEAD OF ASSIGNMENT BRANCH
`
`NO FURTHER ASSIGNMENTS APPEAR TO HAVE BEEN RECEIVED FOR
`RECORD INCLUDING:
`
`________________________________________________—
`
`COMM-DC 67106
`
`
`
`REGISTRATION NO.
`
`ISSUED
`
`I252
`%j& NOV. 12.
`RECEIPT‘ IS HEREBY ACKNOWLEDGED OF THE AFFIDAVIT FILED
`
`'
`I
`
`BY SERTA ASSOCIATES,
`
`INC.
`
` mESEC. 8 — AFFIDAVIT ACCEPTED
`SEC. 15 - AFFIDAVIT FILED
`BY DIRECTION OF THE COMMISSIONER
`
`mm
`
`45
`fjj“°*“‘*
`‘
`AFFIDAVIT
`ACKNOWLEDGMENT
`
`F_'
`
`DIRECTOR. ‘TRADEMARK EXAMINING OPERATION
`OLSON, MECKLENBURGER, vow HoLsTf’
`PENDLETON s NEUMAN
`W. WA
`GIDN ST,
`CHlCAGOx2,
`ILL}
`U. 5. DEPARTMENT OF COMMERCE - PATENT OFFICE
`
`__j on
`
`
`
`F°RM P0-695
`(8-22-6!)
`
`_
`
`u.s. DEPARTMENT or COMMERCE
`PATENT OFFICE
`
`ASSIGNMENTS
`1
`E] No previous assignments of record as of
`:| See Title Record for ownership infonnation prior to this record
`
`fwssienor
`
`Sena saawiatns, ‘mu.
`
`
`
`at am: at New fit” ‘*3 *?*“n W_‘‘‘‘* ‘*5
`:51 as
`f§I"sa&.;$”..g meat» at “éwlawawc W -3118» 33: ‘W3-
`
`uscowv:-oc 26239-931
`
`
`
`
`
`.f
`
`#25130 2oz 7,’m/
`#7
`
`IN THE UNITED STATES PATENT OFFICE
`Application for Renewal
`‘
`
`Trademark: SERTA (In Block)
`
`Reg. No.:
`
`582,464
`
`Registered:November 17, 1953
`
`Class:
`
`32
`
`TO THE HONORABLE COMMISSIONER OF PATENTS:
`
`"STATEMENT AND POWER OF ATTORNEY
`
`‘.35
`SERTA, INC., a corporation organized and existingNTW
`
`’
`
`‘
`
`under the laws of the State of Delaware,
`
`located at Chicago,
`
`Illinois, and doing business at 666 Lake Shore Drive, Chicago,
`
`Illinois 60611, represents that it is the owner of the above-
`
`identified Registration No. 582,464 issued November 17, 1953,
`
`as evidenced by the Patent Office records, that the mark
`
`.
`
`shown therein is still in use in interstate commerce on or in
`connection with:
`
`/MATTRESSES
`
`recited in said registration, that the specimen presented
`
`herewith shows the mark as actually used on the goods at the
`
`present time, and requests that the said registration be
`
`renewed in accordance with the provisions of Section 9 of the
`
`Trademark Act of 1946.
`
`The undersigned hereby appoints Sidney Neuman,
`
`red T. Williams, Theodore W. Anderson, Arthur A. Olson, Jr.,
`
`lph E. Church, Jr., James R. Dowdall, Donald A. Peterson,
`
`illiam J. Birmingham, Joseph P. Calabrese, Thomas E. Smith,
`
`obert L. Austin, Gregory B. Beggs, Noel I. Smith, John J.
`
`avanaugh, Harry J. Roper, Michael O. Warnecke, James T.
`
`illiams, Lynn R. Kipnis, William M. Wesley, Aaron Passman
`
`10/2h/73 0582k6h
`
`2 202
`
`25.00CK
`
`
`
`and Eugene F. Friedman, all of 77 West Washington Street,
`
`Chicago, Illinois 60602, and all of whom are members of the
`
`Bar of the State of Illinois, its attorneys, with full power
`
`of substitution and revocation,
`
`to prosecute this application,
`
`to make alterations and amendments therein, to transact all
`
`business in the Patent Office in connection therewith, and
`
`to receive the Certificate of Registration.
`
`All correspondence concerning this application
`
`should be addressed to:
`
`Neuman, Williams, Anderson & Olson
`77 West Washington Street
`Chicago, Illinois 60602
`
`SERTA ,
`
`INC .
`
`By
`
`éggféggzlgégggggggégz
`
`President
`
`DECLARATION
`
`ALAN H. GOFF declares: That he is President of
`
`SERTA,
`
`INC., a Delaware corporation that he believes the said
`
`corporation to be the owner of Registration No. 582,464;
`
`that the mark shown therein is still in use in interstate
`commerce on or in conn
`13; with:g
`MATTRESSES
`
`recited in said registration: that the attached specimen shows
`the mark as currently used; that all statements made herein
`
`of his own knowledge are true and that all statements made on
`
`information or belief are believed to be true; further that
`
`those statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine
`
`
`
`or imprisonment, or both, under Section 1001 of Title 18 of the
`
`United States Code and that such willful false statements may
`
`jeopardize the validity of the renewal application or document
`
`or any renewal of the registration resulting therefrom.
`
`ée._.We
`
`Date
`
`’ //‘)4’
`
`
`
`
`
`NEuMAN,WILLIAMs, ANDERSON & OLsoN
`ATTORNEYS AND CouNsELoR_s
`77 WEST WASHINGTON STREET
`
`CHICAGO, ILLINOIS
`
`60602
`
`October 2 ,
`
`A. E MECKLENBURGER
`
`ART"URc§i,:§:°LD'JR'
`
`TELEPHONE
`FINANCIAL 6~lZO0
`AREA <:oDr-: 3I2
`CABLE ADDRESS
`JONAD cnucmso
`
`y
`
`‘
`'«
`_
`
`:
`
`1,
`
`V
`“
`
`DONALD .
`WILLIAM
`JOSEPH _
`THOMAS
`
`‘
`
`,
`
`'
`
`‘_
`
`‘:»“ I
`JOHN J. CAVANAUG
`‘-
`‘
`NOEL L SMITH
`'
`HARRY J. RCPER
`MICHAEL C. WARNECKE
`JAMES T. WILLIAMS
`LYNN R» K|PN|S
`WILLIAM M.WESL'EY
`AARON PASSMAN
`EUGENE F.vFR|EDMAN
`
`Honorable Comissioner of Patents
`Washington, D. C. 20231
`
`Re: Application for Renewal of Trademark
`Registration No. 582,464
`Trademark:
`SERTA (in Block)
`Our File No. T 1749
`
`Sir:
`
`We enclose herewith an application for renewal
`of the above-identified registration. Also enclosed is
`our check for
`5:00 covering the renewal fee.
`
`Very truly yours,
`
`NEUMAN, WILLIAMS, ANDERSON & OLSON
`
`By
`
`Thomas E. Smith
`
`TES:mv
`
`Enclosure
`
`
`
` /L2
`
`Attorney Ref.: SERT:005
`
`IN THE LJNLTED §TATES PATENT QB
`
`OFFIQE
`
`SERTA, INC.
`
`REG. NO.: 582,464
`
`REG. DATE: NOVEMBER 17, 1953
`
`FOR: SERTA (In a Block)
`
`€\Jé€\/%/\J\-/€
`
`REVOCATION OF AND SUBSTITUTE
`
`PQEER QF ATTORNEY
`
`Honorable Commissioner
`Patents and Trademarks
`
`Washington, D.C. 20231
`
`Sir:
`
`The undersigned, Serta, Inc., as owner of the entire right, title and interest in and
`
`to the above-identified mark, does hereby revoke pursuant to 37 C.F.R. 1.36 all prior powers
`
`of attorney previously granted and in substitution thereof appoints as its attorneys, with full
`
`powers of substitution and revocation, to transact all business in the Patent and Trademark
`
`Office connected therewith: J. Bradford Leaheey, Reg. No. 27,107; Stephen G. Rudisfll,
`
`Reg. No. 20,087; Ronald B. Coolley, Reg. No. 27,187; Robert J. Crawford, Reg. No. 32,122;
`
`J. Paul Williamson, Reg. No. 29,600; and Paul M. Janicke, Reg. No. 25,171, attorneys at law,
`
`of the firm of Arnold, White & Durkee, whose Post Office address is P.O. Box 4433,
`
`Houston, Texas 77210 [Telephone (312) 744-0090].
`
`
`
`It is respectfully requested that all telephone calls be directed to J. Bradford
`
`Leaheey at (312) 744-0090 and that all correspondence be addressed to:
`
`ARNOLD, WHITE & DURKEE
`Attn: J. Bradford Leaheey
`P. O. Box 4433
`
`Houston, Texas 77210
`
`Respectfully submitted,
`
`SERTA, INC.
`
`
`
`IN THE
`
`TED STATE PATENT AND TRADEMARK FFI E
`
`Attorney Ref.: SERT:005
`
`IN RE APPLICATION OF:
`
`SERTA, INC.
`
`REG. NO.: 582,464 17
`
`REG. DATE:
`
`FOR: SERTA (In a Block)
`
`\J\J%\.J\J%%§\/
`
`CERTIFICATE QF MAILING
`
`I hereby certify that this correspondence‘ is being deposited with the United States
`
`Postal Service with sufficient postage as first class mail in an envelope addressed to:
`
`Commissioner
`
`of
`
`Patents
`
`and
`
`Trademarks, Washington, D.C.
`
`20231,
`
`on
`
`4/51 ?.L .
`
`ARNOLD, WHITE & DURKEE
`
`.
`
`radf d
`
`Reg. No.27, 07
`Attorney for Applic
`
`P. O. Box 4433
`
`Houston, Texas 77210
`(312) 744-0090
`
`* Revocation and Substitute Power of Attorney
`
`
`
`Ao12o(3/asle
`
`30LfClTC7R «
`
`93 C 6582
`
`NOV 1
`.
`Commissionarofhtents and Trademarks
`was-inmon. o.c. 20231
`U.S.PATE‘*" r ‘I2
`
`I993 ‘
`
`REPORT on THE
`'*
`‘
`FILING OR DETERMINATION OF AN
`‘IDFFIBETION REGARDING A PATENT
`
`In compliance with the Act of July 19, 1952 (66 Stat. 814; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed on the following patentisl in the U.S. District Court:
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`
`93 C 6582
`PLAINTIFF
`
`10/27/93
`
`Northern District of Illinois -— Eastern Division
`DEFENDANT
`
`Serta, Inc.
`
`Great EXPeCt3ti°nS
`
`1 582,463
`2 582,464
`
`11/17/73
`
`In the above—entit|ed case, the following patentls) have been included:
`
`DECISION/JUDGMENT
`
`CLERK
`
`H . STUART CUNNINGHAM
`
`copy 1 — Upon lnlllatlon oi ncllon, mull this copy to Commissioner Copy 3 — Upon tormlnntlon of action, mall this copy to Commissioner
`copy 2 — Upon Illlng d0¢|;I;'l'|Ol‘|I adding pntonlm, mall this copy to comrnlsslomr
`copy 4 — can Illa copy
`
`
`
`
`
`22
`00
`
`J
`
`gm w 325’/3//@
`#57
`
`‘:1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`147,
`
`41176
`
`Serta, Inc.
`
`Trademark:
`
`SERTA and Design
`
`Registration No.:
`
`582,464
`
`Registration Date:
`
`November 17, 1953
`
`Class:
`
`20
`
`‘Express Mail" mailing label
`- IB915975544
`
`number
`
`Date Of 53253;? NOV€mbeI' 3,
`cer "I that this ;
`,
`
`'
`
`004:, and is adan»
`of Patents and Trademarks,
`
`ac! name of person mailing
`
`APPLICATIO FOR RENEWAL QF TRADEMA BK
`
`,
`
`I‘.::::"e oi‘ trsrsen mailing paper or
`
`Commissioner of Patents
`and Trademarks
`
`Washington, D.C. 20231
`
`Dear Sir:
`
`Serta, Inc., duly organized under the laws of the State of Delaware, having its
`
`principal place of business at 2800 River Road, Des Plaines, Illinois 60018.
`
`1“? The above-identified applicant for renewal requests that the above-identified
`
`registration, granted to Serta Associates, Inc. on November 17, 1953, which applicant
`
`for renewal now owns, by virtue of a corporate name change of Serta Associates, Inc. to
`
`Serta, Inc., recorded August 6, 1973, Reel 024Efiame 0158, as shown by the records
`
`of the Patent and Trademark Office, be renewed in accordance with the provisions of
`
`Section 9 of the Act of July 5, 1946, as amended.
`
`The mark shown in said registration is still in use in intersfi commerce on all of
`
`the goods recited in the re istration. The attached specilzaefi shows the mark as
`
`ic/urrently used.
`
`050 NS 11/18./93 0582464
`
`-3 355
`
`300.00 CK
`
`
`
`Applicant for renewal hereby appoints Priscilla A. Walter, Richard W. Young,
`
`Edwin A. Getz, Louis K. Ebling, Deborah K. Fulton, Mary Suzanne Hasley,
`
`Brian C. Rupp and Gail J. Berritt, each a member of the Bar of the State of Illinois, with
`
`offices at 321 North Clark Street, Suite 3400, Chicago, Illinois 60610-4795, as its
`
`attorneys, with full power of substitution and revocation, to transact all business in the
`
`Patent and Trademark Office in connection therewith, and to receive the Notification
`
`and Certificate of Renewal.
`
`Please direct all correspondence to Louis K. Ebling, Gardner, Carton & Douglas,
`
`321 North Clark Street, Suite 3400, Chicago, Illinois 60610-4795.
`
`Alvin R. Klancnik states that he is Vice President of Manufacturing of registrant
`
`corporation and is authorized to make this declaration on behalf of said corporation and
`
`being hereby warned that willful, false state A nts and the like so made are punishable
`by fine or imprisonment, or both, under Section 1001 of Title 18 ofthe United States
`
`Code and that such willful, false statements may jeopardize the validity of this
`
`document or any renewal of the registration resulting therefrom, declares:
`
`that to the
`
`best of his knowledge and belief the facts set forth in this application are true and all
`
`statements made on info
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