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 10/31/2017)

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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 10/31/2017)

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

To the Commissioner for Trademarks:
MARK: FINISH LINE (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/87049404/large)
SERIAL NUMBER: 87049404
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Spike's Holding, LLC, having an address of
      3308 North Mitthoeffer Road
      Indianapolis, Indiana 46235
      United States
is submitting the following allegation of use information:

For International Class 025:
Current identification: men's, women's, and children's athletic and leisure footwear and shoes; footwear; tops being clothing; bottoms being clothing; men's, women's, and children's apparel, namely, sweatsuits, sweatshirts; hooded sweatshirts; warm-up suits, shorts, t-shirts, socks, jackets, vests, and caps; underwear; sports bras; leggings

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 035:
Current identification: retail store services and on-line retail store services featuring men's, women's, and children's clothing, footwear, head wear, sporting goods, watches, sunglasses, bags, apparel, footwear, sporting goods and related accessories, socks, insoles, books, heart rate monitors, GPS devices, training logs, water bottles and personal hydration systems sold empty, featuring a bonus incentive program for customers; providing a website on a global computer network featuring commercial information in the field of clothing, footwear, sporting goods and related accessories and consumer advice related to fitness and exercise

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 07/15/2016, and first used in commerce at least as early as 07/15/2016, 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) webpage displaying mark in connection with information sufficient to acquire services.

Original PDF file:
SPN1-2076785158-20170707141227761019_._267354.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 041:
Current identification: providing a website on a global computer network featuring information in the fields of sports and recreation, types of clothing worn for a particular sport or recreational activity excluding commercial information about clothing, and organizing community sporting events; providing a website featuring blogs and non-downloadable publications in the nature of articles in the fields of sports and recreation, clothing, and organizing community sporting events

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


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: Class 35
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 25 and Class 41
MISCELLANEOUS STATEMENTS
Request to Divide Application: Allegation of Use for Class 35, and Extension of Time to File Allegation of Use for Classes 25 and 41


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

	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: /Mark Clark/      Date Signed: 07/10/2017
Signatory's Name: Mark Clark
Signatory's Position: VP, Deputy General Counsel & Assistant Sec'y
Signatory's Phone: 317-899-1022

Request to Divide Signature


Signature: /dwong/    Date: 07/10/2017
Signatory's Name: David A W Wong
Signatory's Position: Attorney of record, Indiana bar member

Signatory's Phone: 317-236-1313


RAM Sale Number: 87049404
RAM Accounting Date: 07/11/2017

Serial Number: 87049404
Internet Transmission Date: Mon Jul 10 13:48:42 EDT 2017
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2017071013484297
4519-87049404-590fe33961aa16bae884c112ab
bd6fb34e8c777d8764e2b2fdd5deacb159fb44e-
DA-54-20170707141227761019