Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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

To the Commissioner for Trademarks:
MARK: PERFORMA (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85332453)
SERIAL NUMBER: 85332453



The applicant, Performa Designs LLC, having an address of
      4414 East Sawmill Road
      Park City, Utah 84098
      United States
is submitting the following allegation of use information:

For International Class 025:
Current identification: blazers; blouses; bottoms; caps; clothing, namely, base layers; coats; dress shirts; dresses; footwear; hats; headwear; hosiery; jackets; pants; polo shirts; sandals; scarves; shirts; shoes; shorts; skirts; socks; sport coats; sweaters; sweatshirts; t-shirts; tops; trousers; underwear; vests; yoga pants; yoga shirts

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization 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 09/00/2009, and first used in commerce at least as early as 11/00/2009, 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) digital photographs of front, inside and outside of sock package.
Specimen File1
Specimen File2
Specimen File3


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: /Richard C. Gilmore/      Date Signed: 05/03/2012
Signatory's Name: Richard C. Gilmore
Signatory's Position: Attorney of Record, CA bar member
Signatory's Phone: (435) 252-1360

RAM Sale Number: 6191
RAM Accounting Date: 05/04/2012

Serial Number: 85332453
Internet Transmission Date: Thu May 03 19:06:28 EDT 2012
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2012050319062822
1723-85332453-490678a124923516a8b518c1bd
ef2eaef-CC-6191-20120503173827463222