IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`2/
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`6)/U4
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`' Registrant:
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`Serta, Inc.
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`Trademark:
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`SERTA
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`Registration No.:
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`2,041,918
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`Registered:
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`March 4, 1997
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`Class:
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`20
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`Immumummummmumummumt
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`04-01-2002
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`u.s. manta more/m Mall RcptDt. was
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`. COMBINED DECLARATION UNDER SECTIONS 8 AND 15
`OF THE TRADEMARK ACT OF 1946
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`Box POST-REG. - FEE
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`DearMadam:
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`/
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`Susan F. Ebaugh declares:
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`that Serta, Inc., a corporation duly organized under the laws
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`of the State of Delaware, and located and doing business at 325 Spring Lake Drive, Itasca,
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`Illinois 60143, is the owner of Registration No. 2,041,918, issued March 4, 1997, as shown by
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`the records of the Patent and Trademark Office; t at the mark shown therein has been in
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`continuous use in interstate commerce for f1V6é:1S€Cll'[lVe years immediately preceding the date
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`hereof in connection with the following goods recited in the Registration, namely: mattresses,
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`mattress foundations, mattress pads and pillows; that said mark is still in use in such commerce,
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`as e 'denced by the attached specimen showing the mark as currently used; that there has been
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`nréiial decision adverse to the registrant's claim ofownership ofsu mark, or its right to
`registerormaintain the same onthe Register; and that there is nréilingproceeding involving
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`any of said rights and not disposed of either in the Patent and Trademark Office or in the courts.
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`aazozzaaaa razaaasa 9300022
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`91 FCi:?§g’;-f
`‘LIE rL?:;«a».i
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`
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`Please direct all correspondence to Mary Margaret Murray, Gardner, Carton & Douglas,
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`, 321 North Clark Street, Suite 3400, Chicago, Illinois 60610. Please recognize
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`Richard W. Young, Darren S. Cahr, Tina D. Kourasis, Mary Margaret Murray, and
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`Liisa M. Thomas, each a member of the Bar of the State of Illinois, with offices at 321 North
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`Clark Street, Suite 3400, Chicago, Illinois 60610, as its attorneys, with full power of substitution
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`and revocation, to file this Declaration, and to transact all business in the Patent and Trademark
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`Office in connection therewith.
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`Susan F. Ebaugh having firsthand knowledge of the facts herein and authority to act on
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`behalf of applicant corporation, being hereby warned is authorized to make this Declaration on
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`behalf of said corporation; that she believes said corporation to be the owner of the mark
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`registered; that all statements made herein ofherownyévledge are true andthat all statements
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`made on information and belief are believed to be true; and further, that these statements were
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`made with the knowledge that willfiil, false statemey/and the like so made are punishable by
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`fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that
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`such willful,-false statements may jeopardize the validity of the above registration.
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`SERTA, INC.
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`Nam
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`e: Susan F.E ugh
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`Title: VicePresident ofAdvertising
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`/
`
`Date: 3 '/ 8’D)"“
`Case No: SER012USA1
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`CH0l/l22l3020.l
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`
`
`TESTING CERTIFIED
`BY AMTECH ASSOCIATES, INC.
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`MAjOR BEDDING BRANDS
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`IN SUPPORT AND DURABIUTY TESTING,
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`SERTA® PERFECT NIGHN
`OUTPERFORMS OTHER
`LEADING BRANDS BY
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`AS MUCH AS
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`63%
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`
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`GARDNER, CARTON Sc DOUGLAS
`321 NORTH CLARK STREET
`
`vs
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`WRITER'S DIRECT DIAL NUMBER
`
`MARY MARGARET MURRAY
`(312)245-8691
`mmurray@gcd.com
`
`SUITE 8400
`
`CHICAGO, ILLINOIS 60610-4795
`(312) 644-3000
`FAX: (312) 644-338!
`
`INTERNET: gcd|awchgo@gcd.com
`
`March 28, 2002
`
`04-01 -2002
`Us. Pauntl. TMO!cITM Mall Hcptbt #2:
`MEMBER
`VVORLD LAW GROUP
`A GLOBAL NETWORK
`OF INDEPENDENT
`FIRMS LOCATED IN
`30 COUNTRIES
`
`.
`"to: Assist...
`.900 Crystal Dnve
`
`Box POST REG. — FEE
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22
`
`202-3513
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`’}§’3........__m=.:...«
`March 2§L,«;Qg;
`Veth Ced ‘ llMnma .
`3i§nam
`om
`
`Re:
`
`Dear Madam:
`
`Serta, Inc.
`SERTA U.S. Trademark Registration No. 2,041,918
`Registered March 4, 1997 (Our Reference: SER0l2USAl I
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`Enclosed for filing is a Combined Declaration Under Sections 8 and 15 of the Trademark
`Act of 1946 for the SERTA trademark registration, together with one (l) specimen of the mark
`and our check in the amount of three hundred dollars ($300.00) in payment of the required filing
`fee. Also, please charge our firm’s Deposit Account (No. 07-0181) for additional charges, if any,
`relating to this Declaration.
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`Please direct all correspondence regarding the subject mark to the attention of the
`undersigned.
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`Respectfully,
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`7%/3%,” Y
`
`Mary
`
`MM/lc
`Enclosures
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`CH01/l22l6287.l
