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: WX(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86410380/large)
SERIAL NUMBER: 86410380



The applicant, Wilson Sporting Goods Co., having an address of
      8750 W. Bryn Mawr Ave.
      Chicago, Illinois 60631
      United States
is submitting the following allegation of use information:

For International Class 028:
Current identification: Sporting goods, namely, golf balls, golf clubs, golf shafts, sports rackets, namely, tennis rackets, racquetball rackets, squash rackets, badminton rackets and paddleball rackets, tennis balls, racquetballs, shuttlecocks, softballs, baseballs, baseball fielding gloves, softball fielding gloves, baseball mitts, softball mitts, ball bats, namely, baseball bats and softball bats, basketballs, footballs, soccer balls, volleyballs, lacrosse sticks, and lacrosse shafts

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Sporting goods, namely, golf balls, golf clubs, golf shafts, sports rackets, namely, tennis rackets, racquetball rackets, squash rackets, badminton rackets and paddleball rackets, tennis balls, racquetballs, shuttlecocks, softballs, baseballs, baseball fielding gloves, softball fielding gloves, baseball mitts, softball mitts, ball bats, namely, baseball bats and softball bats, footballs, soccer balls, volleyballs, lacrosse sticks, and lacrosse shafts

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Basketballs
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/17/2015, and first used in commerce at least as early as 09/17/2015, 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) Image of the mark used in connection with the goods in commerce.
Specimen File1


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Basketballs
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Sporting goods, namely, golf balls, golf clubs, golf shafts, sports rackets, namely, tennis rackets, racquetball rackets, squash rackets, badminton rackets and paddleball rackets, tennis balls, racquetballs, shuttlecocks, softballs, baseballs, baseball fielding gloves, softball fielding gloves, baseball mitts, softball mitts, ball bats, namely, baseball bats and softball bats, footballs, soccer balls, volleyballs, lacrosse sticks, and lacrosse shafts

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


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: /Terence P. O'Brien/      Date Signed: 09/22/2015
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant
Signatory's Phone: 773-714-6498

Request to Divide Signature


Signature: /Terence P. O'Brien/    Date: 09/22/2015
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant

Signatory's Phone: 773-714-6498

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.


RAM Sale Number: 86410380
RAM Accounting Date: 09/23/2015

Serial Number: 86410380
Internet Transmission Date: Tue Sep 22 16:24:16 EDT 2015
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201509221624165
67482-86410380-540ca387b189a6a41747141ea
935f5aa0492954892a4efea9f780e99f752e6231
ea-DA-3026-20150922160856554750