O3’/LLC
`
`4571
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Registrant,
`Trademark:
`RegistrationNo.:
`
`Registered:
`
`Sena’ Ina
`SERTA with Swirl Logo /
`2,041,919 /
`
`March 4, 1997
`
`Class:
`
`20
`
`U.S. Plum G TMOTGITM MIII HOP! D1. #23
`
`|l||l||lll|||||||||||l||l|l||l||||l|l||||||||l||||
`°4'°1'2°°2
`I
`
`COMBINED DECLARATION UNDER SECTIONS 8 AND 15
`OF THE TRADEMARK ACT OF 1946
`
`Box POST—REG. — FEE
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Dear Madam:
`Susan F. Ebaugh declares:
`
`/
`that Serta, Inc., a corporation duly organized under the laws
`
`of the State of Delaware, and located and doing business at 325 Spring Lake Drive, Itasca,
`
`Illinois 60143, is the owner of Registration No. 2,041,919, issued March 4, 1997, as shown by
`
`the records of the Patent and Trademark Office; that the mark shown therein has been in
`
`continuous use in interstate commerce for fiveécutive years immediately preceding the date
`
`hereof in connection with the following goods recited in the Registration, namely: mattress pads
`
`and pillows; that said mark is still in use in such commerce, as evidenced by the attached
`
`specimen showing the mark as currently used; that there has been no final decision adverse to the
`
`registrant's claim of ownership of such mark, or '
`
`right to register or maintain the same on the
`
`Register; and that there is no pending proceeding involving any of said rights and not disposed of
`
`either in the Patent and Trademark Office or in the courts.
`
`D4./0S.iEO0E i(l3IBBl3t3
`
`
`
`4571
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Registrant,
`Trademark:
`RegistrationNo.:
`
`Registered:
`
`Sena’ Ina
`SERTA with Swirl Logo /
`2,041,919 /
`
`March 4, 1997
`
`Class:
`
`20
`
`U.S. Plum G TMOTGITM MIII HOP! D1. #23
`
`|l||l||lll|||||||||||l||l|l||l||||l|l||||||||l||||
`°4'°1'2°°2
`I
`
`COMBINED DECLARATION UNDER SECTIONS 8 AND 15
`OF THE TRADEMARK ACT OF 1946
`
`Box POST—REG. — FEE
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Dear Madam:
`Susan F. Ebaugh declares:
`
`/
`that Serta, Inc., a corporation duly organized under the laws
`
`of the State of Delaware, and located and doing business at 325 Spring Lake Drive, Itasca,
`
`Illinois 60143, is the owner of Registration No. 2,041,919, issued March 4, 1997, as shown by
`
`the records of the Patent and Trademark Office; that the mark shown therein has been in
`
`continuous use in interstate commerce for fiveécutive years immediately preceding the date
`
`hereof in connection with the following goods recited in the Registration, namely: mattress pads
`
`and pillows; that said mark is still in use in such commerce, as evidenced by the attached
`
`specimen showing the mark as currently used; that there has been no final decision adverse to the
`
`registrant's claim of ownership of such mark, or '
`
`right to register or maintain the same on the
`
`Register; and that there is no pending proceeding involving any of said rights and not disposed of
`
`either in the Patent and Trademark Office or in the courts.
`
`D4./0S.iEO0E i(l3IBBl3t3
`
`
`
`Please direct all correspondence to Mary Margaret Murray, Gardner, Carton & Douglas,
`
`321 North Clark Street, Suite 3400, Chicago, Illinois 60610. Please recognize
`
`Richard W. Young, Darren S. Cahr, Tina D. Kourasis, Mary Margaret Murray, and
`
`Liisa M. Thomas, each a member of the Bar of the State of Illinois, with offices at 321 North
`
`Clark Street, Suite 3400, Chicago, Illinois 60610, as its attorneys, with full power of substitution
`
`and revocation, to file this Declaration, and to transact all business in the Patent and Trademark
`
`Office in connection therewith.
`
`Susan F. Ebaugh having firsthand knowledge of the facts herein and authority to act on
`
`behalf of applicant corporation, being hereby warned is authorized to make this Declaration on
`
`behalf of said corporation; that she believes said corporation to be the owner of the mark
`
`registered; that all statements made herein of her own kno
`
`ge are true and that all statements
`
`made on information and belief are believed to be true; and further, that these statements were
`
`made with the knowledge that willful, false statements and t 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 above registration.
`
`SERTA, INC.
`
`/’
`
`By:
`
`augh
`Name: Susan F.
`Title: Vice President of Advertising
`
`Date: 3’/g"02—’
`Case No: SER021USAl
`
`CHOI/122130261
`
`
`
`S0
`
`V
`
`3
`
`THE MOMENT You LIE D()WN.'“‘
`
`WE MAKE THE WORLDS BEST MATTRESS.
`
`Y0u’LL FEEL THE DIFFERENCE
`
`Sena A
`
`ms .mm wads my one 0. mm. :11 mg inf-mnvq ns mm“; 5 vmms s :m was . Ay-7 use 5 vs: my
`
`
`
`WRlTER'S DIRECT mm. NUMBER
`
`MARY MARGARET MURRAY
`(312) 245-8691
`mmumy@g°d‘°°m
`
`GARDNER’ CARTON 3' DOUGLAS
`321 NORTH CLARK STREET
`
`I|||||l||||l|||||||||||l||||||||||||||||||||||||||
`
`SUITE 3400
`CHICAGO, ILLINOIS 60610-4795
`
`04.01.2002
`U.s. PatIn1&TMOfcITM Mall RaPtDt*'25
`
`<3”) 544‘3°°°
`FAX: (312) 644-3381
`INTERNET‘ gcdlawchgo@ cd com
`‘
`9
`’
`
`March 28, 2002
`
`MEMBER
`WORLD LAW GROUP
`A G'-°B"'- ”ETW°’“‘
`OF INDEPENDENT
`FIRMS LOCATED IN
`30 COUNTRIES
`
`Box POST REG. - FEE
`
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Re:
`
`Serta, Inc.
`
`March 28, zoo
`_,
`3?4---"r-="-""‘“"=“"""”""'”“""”"
`
`SERTA with Swirl Logo U.S. Trademark Registration
`No. 2,041,919, Registered March 4, 1997
`“"'//A [Our Reference: SER021USAl[
`
`Dear Madam:
`
`Enclosed for filing is a Combined Declaration Under Sections 8 and 15 of the Trademark
`Act of 1946 for the SERTA with Swirl Logo trademark registration, together with one (1)
`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.
`
`Please direct all correspondence regarding the subject mark to the attention of the
`undersigned.
`
`Respectfully,
`
`MM/lc
`Enclosures
`
`CHOl/12216275.l
`
`
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