Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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

To the Commissioner for Trademarks:
MARK: HELIUM(Standard Characters, see http://uspto.report/TM/87221322/mark.png)
SERIAL NUMBER: 87221322


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: John Joseph Manzione, having an address of
      265 South Ocean Avenue
      Islip, New York 11751
      United States
Proposed: John Joseph Manzione, having an address of
      265 South Ocean Avenue
      Islip, New York 11751
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 003:
Current identification: Artificial nails; nail polish; glue remover for use with artificial fingernails; nail treatments, namely, nail strengtheners and nail polish sealers; cuticle oil; cuticle removing preparations; nail polish kits containing polish for nails and/or paints for nail decoration and design; cosmetics and skin care products, namely, foundation, facial concealer, mascara, eye shadow, eye liner, eyebrow pencils, eyebrow cosmetics, lipstick, lip liner, lip balm, lip gloss, face powder, skin bronzer, blush, skin moisturizers, facial moisturizers, make-up remover

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 permanently deleted: glue remover for use with artificial fingernails; nail treatments, namely, nail strengtheners and nail polish sealers; cuticle oil; cuticle removing preparations; nail polish kits containing polish for nails and/or paints for nail decoration and design; cosmetics and skin care products, namely, foundation, facial concealer, mascara, eye shadow, eye liner, eyebrow pencils, eyebrow cosmetics, lipstick, lip liner, lip balm, lip gloss, face powder, skin bronzer, blush, skin moisturizers, facial moisturizers, make-up remover

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: artificial nails; nail polish
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/10/2020, and first used in commerce at least as early as 01/10/2020, 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) product packaging.
Specimen File1
Specimen File2
Specimen File3


For International Class 008:
Current identification: Cuticle clippers; nail nippers; nail files; nail clippers; tweezers; manicure and pedicure sets; cuticle scissors; nail scissors

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 permanently deleted: Cuticle clippers; nail nippers; nail clippers; tweezers; manicure and pedicure sets; cuticle scissors; nail scissors

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: nail files
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/10/2020, and first used in commerce at least as early as 01/10/2020, 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) mark affixed to goods.
Specimen File1


For International Class 044:
Current identification: nail care salon; beauty salons

All ITU goods/services in this class are to be deleted


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      JOHN A. DEMARO
      PRIMARY EMAIL FOR CORRESPONDENCE: jdemaro@rmfpc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      John A. DeMaro
      PRIMARY EMAIL FOR CORRESPONDENCE: jdemaro@rmfpc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kmalerba@rmfpc.com; kkeeler@rmfpc.com; ttelesca@rmfpc.com; esy@rmfpc.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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 the application or submission or any registration resulting therefrom, 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: /John A. DeMaro/      Date Signed: 03/28/2020
Signatory's Name: John A. DeMaro
Signatory's Position: Attorney of record, NY Bar member
Signatory's Phone: 516-663-6505

RAM Sale Number: 87221322
RAM Accounting Date: 03/30/2020

Serial Number: 87221322
Internet Transmission Date: Sat Mar 28 09:51:25 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XX-2020032809512500
6768-87221322-710304c21cb8683e0ef37a67f6
cfa64d8778ae4336dbea914e564b0a2adc020d-C
C-51223172-20200328091743444168