Combined Sec 71 & 15 Affidavit

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 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

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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 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4311220
REGISTRATION DATE: 04/02/2013

MARK: SMARTRIKE

The owner/holder, SMART TRIKE MNF. PTE. LTD., a corporation of Singapore, having an address of
      9 Penang Road
      #07-15 Park Mall Singapore 238459
      Singapore,
      Singapore
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.

For International Class 012, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and is still 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 registered extension of protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

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) a photograph of a box having the SMARTRIKE mark thereon wherein the box contains Tricycles, strollers, scooters (vehicles), bicycles, tricycle parts and accessories, namely, structural parts of tricycles, tricycle parts in the nature of frames, handle bars and tires, tricycle accessories in the nature of handle bar ends and bells.

Original PDF file:
SPN0-507519173-20180509171430635920_._class-12-specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

For International Class 028, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and is still 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 registered extension of protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

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) a photograph of a box having the SMARTRIKE mark thereon wherein the box contains Toy vehicles, rideable toy vehicles for children, ride-on toy vehicles, parts for the aforesaid goods, and fittings, namely, accessories, for the aforesaid goods.

Original PDF file:
SPN1-507519173-20180509171430635920_._class-28-specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
The registrant's current Attorney Information: Thomas M. Wilentz of  Thomas M. Wilentz, Attorney at Law, PLLC
      4th Floor
      75 South Broadway
      White Plains, New York 10601
      United States
The phone number is 914-723-0493.
The fax number is 914-206-3787.
The email address is twilentz@tmwlaw.com. (authorized)

The registrant's proposed Attorney Information: Kevin D. McCarthy of  Roach Brown McCarthy & Gruber, P.C.
      1920 Liberty Building
      424 Main Street
      Buffalo, New York 14202
      United States The docket/reference number is 0-18-120.

The phone number is 716-852-0400.
The fax number is 716-852-2535.
The email address is kdmccarthy@roachbrown.com. (authorized)
The registrant's current Correspondence Information: Thomas M. Wilentz of  Thomas M. Wilentz, Attorney at Law, PLLC
      4th Floor
      75 South Broadway
      White Plains, New York 10601
      United States
The phone number is 914-723-0493.
The fax number is 914-206-3787.
The email address is twilentz@tmwlaw.com. (authorized)

The registrant's proposed Correspondence Information: Kevin D. McCarthy of  Roach Brown McCarthy & Gruber, P.C.
      1920 Liberty Building
      424 Main Street
      Buffalo, New York 14202
      United States The docket/reference number is 0-18-120.

The phone number is 716-852-0400.
The fax number is 716-852-2535.
The email address is kdmccarthy@roachbrown.com. (authorized)

A fee payment in the amount of $650 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the holder/owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s).
	Unless the holder/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.
	The mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all goods/services listed in the existing registration.
	There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to the holder's/owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	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: /Kevin D. McCarthy/    Date: 05/09/2018
Signatory's Name: Kevin D. McCarthy
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone: 716-852-0400

Mailing Address (current):
   Thomas M. Wilentz, Attorney at Law, PLLC
   75 South Broadway
   White Plains, New York 10601

Mailing Address (proposed):
   Roach Brown McCarthy & Gruber, P.C.
   424 Main Street
   Buffalo, New York 14202

Serial Number: 79116392
Internet Transmission Date: Wed May 09 17:24:15 EDT 2018
TEAS Stamp: USPTO/S71N15-XX.XX.XXX.XX-20180509172415
925296-4311220-610d6e8d5a516a4ab9c558419
d394c15aa4f4599595637b6e01b5ef8f87193fcc
-CC-6462-20180509171430635920