Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: EARTHGUARD
SERIAL NUMBER: 77524715



The applicant, Wilson Sporting Goods Co., having an address of
      8750 W. Bryn Mawr Ave.
      Chicago, Illinois 60631
      United States
is submitting the following allegation of use information:

For International Class 025:
Current identification: Athletic clothing, namely, athletic socks, athletic tops, ball caps, belts, pants, fleece pullovers, headbands, hooded sweatshirts, jackets, jerseys, knit hats, polo shirts, shoes, shorts, straw hats, bandanas, visors, headwear, footwear, warm-up jackets, warm-up suits, wristbands, baseball pants, baseball sliding pants, basketball uniforms, baseball uniforms, softball uniforms, volleyball uniforms, soccer uniforms, tennis uniforms, football uniforms, golf uniforms, basketball racer-back tops, basketball shirts, basketball shooting shirts, basketball shooting pants, basketball shorts, football jerseys, football pants, football practice pants, softball racer-back tops, tennis racer-back tops, tennis shorts, and tennis skirts

This allegation of use does not cover this specific class. This entire class is either to be permanently deleted from the application OR processed according to a Request to Divide.


For International Class 028:
Current identification: Sports bags designed for carrying sports equipment, namely, tennis backpacks, tennis bags, racquet ball bags, squash bags, badminton bags, bat bags, golf bags, basketball tube bags, volleyball tube bags, and sports equipment bags; Athletic equipment, namely, football compression girdles, golf gloves, and racquetball gloves

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2010, and first used in commerce at least as early as 01/01/2010, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Image of the mark on a tag of a sports bag.
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Terence P. O'Brien/      Date Signed: 07/28/2010
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney of record

RAM Sale Number: 630
RAM Accounting Date: 07/29/2010

Serial Number: 77524715
Internet Transmission Date: Wed Jul 28 14:27:46 EDT 2010
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201007281427467
37211-77524715-470b87b56e512f6fe6ac0cd5a
5097aac0b0-DA-630-20100728141537811644