Amendment to Allege 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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: SMART POPS(Standard Characters, see http://uspto.report/TM/86134294/mark.png)
SERIAL NUMBER: 86134294



The applicant, Palapa Azul, Inc., having an address of
      1223 Wilshire Blvd., Ste 804
      Santa Monica, California 90403
      United States
is submitting the following allegation of use information:

For International Class 030:
Current identification: Frozen confections, namely, freezer pops

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 03/00/2014, and first used in commerce at least as early as 03/00/2014, 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) photograph of products.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Applicant is concurrrently filing the response to office action.


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

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. Section 1051(c) or a statement of use under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares 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: /Thomas J. Speiss, III/      Date Signed: 11/21/2014
Signatory's Name: Thomas J. Speiss, III
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone: 424.214.7042

RAM Sale Number: 86134294
RAM Accounting Date: 11/24/2014

Serial Number: 86134294
Internet Transmission Date: Fri Nov 21 14:50:34 EST 2014
TEAS Stamp: USPTO/AAU-XX.XX.XXX.XX-20141121145034328
824-86134294-50019e18c242fd9bcec9775b369
1323cba8ec9105f70b69be7de8187fe49a2a0cc-
DA-1130-20141121144522841885