PR-Section 8 and 9

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3863126
REGISTRATION DATE: 10/19/2010

MARK: TOP PERFORMANCE

Current: The owner, Micron Systems Inc., a corporation of New Jersey, having an address of
      22-08 Route 208 South, Suite 2A
      Fair Lawn, New Jersey 07410
      United States

Proposed: The owner, Micron Systems Inc., a corporation of New Jersey, having an address of
      17-17 Route 208 North, Suite 200
      Fair Lawn, New Jersey 07410
      United States
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 042, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: providing temporary use of non-downloadable software for use in the field of human resources, for evaluating and tracking employee performance ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screenshot showing use of mark in connection with promoting the services..

Original PDF file:
SPN0-3810821634-202009171 24736438915_._Specimen_-_ TOP_PERFORMANCE__F3674504 x96B9E_.pdf
Converted PDF file(s) (1 page)
Specimen File1

The owner's/holder's current attorney information: Charles T. J. Weigell. Charles T. J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 WEST 42nd St., 17 Fl.
      NEW YORK, New York 10036
      United States
The docket/reference number is MCRO 1000041.

The phone number is 212-813-5900.

The email address is Weigell-docket@fzlz.com

The owner's/holder's proposed attorney information: Charles T. J. Weigell. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Ashford Tucker, Tamar Niv Bessinger. Charles T. J. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      151 WEST 42nd St., 17 Fl.
      NEW YORK, New York 10036
      United States
The docket/reference number is MCRO 1000041.

The phone number is 212-813-5900.

The email address is Weigell-pr@fzlz.com

Charles T. J. Weigell submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Charles T. J. Weigell
      PRIMARY EMAIL FOR CORRESPONDENCE: Weigell-docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MCRO 1000041.
Correspondence Information (proposed):
      Charles T. J. Weigell
      PRIMARY EMAIL FOR CORRESPONDENCE: Weigell-pr@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MCRO 1000041.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $425 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /David E Wit/    Date: 09/24/2020
Signatory's Name: David E Wit
Signatory's Position: President

Mailing Address (current):
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 WEST 42nd St., 17 Fl.
   NEW YORK, New York 10036

Mailing Address (proposed):
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 WEST 42nd St., 17 Fl.
   NEW YORK, New York 10036

Serial Number: 77905488
Internet Transmission Date: Thu Sep 24 18:20:53 ET 2020
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XX-2020092418205
3260698-3863126-750176b27799ecb32b6e428f
4d16c108e63692a69ec4e2fc8ee5a37a7e032f7-
DA-20529268-20200917124736438915