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: SAVE OUR SWIRLED(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86448369/large)
SERIAL NUMBER: 86448369



The applicant, Ben & Jerry's Homemade, Inc., having an address of
      30 Community Drive, Suite 1
      South Burlington, Vermont 05403-6828
      United States
is submitting the following allegation of use information:

For International Class 030:
Current identification: Ice cream; frozen confectionery; frozen yoghurt

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 05/01/2015, and first used in commerce at least as early as 05/01/2015, 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) picture of the goods and screenshot displaying the mark as used in connection with the goods.
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

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; the mark is in use in commerce; for a trademark or service mark application, the applicant 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; for a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, 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/collective membership organization 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. §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: /Lindsey Utrata/      Date Signed: 10/15/2015
Signatory's Name: Lindsey Utrata
Signatory's Position: Attorney of Record, Authorized Attorney, New York bar member
Signatory's Phone: 212 626 4242

RAM Sale Number: 86448369
RAM Accounting Date: 10/16/2015

Serial Number: 86448369
Internet Transmission Date: Thu Oct 15 18:24:28 EDT 2015
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-201510151824282
98113-86448369-5402cef71813d8278e92447d9
73ce1efad9c39bb4256e9e26d5d3467f5d793f1-
DA-5122-20151015131639940174