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: NEXEL(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87225437/large)
SERIAL NUMBER: 87225437
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Nexel Industries, Inc., having an address of
      11 Harbor Park Drive
      Port Washington, New York 11050
      United States
is submitting the following allegation of use information:

For International Class 011:
Current identification: Refrigerated merchandise display cases, ice making machines, electric coffee brewers

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: ice making machines, electric coffee brewers

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: Refrigerated merchandise display cases
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/10/2018, and first used in commerce at least as early as 10/10/2018, 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) screen shot of website; picture of goods displaying the mark.
Specimen File1
Specimen File2


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: Refrigerated merchandise display cases
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: ice making machines, electric coffee brewers

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: /mfs/      Date Signed: 10/18/2018
Signatory's Name: Michael F. Sarney
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone: 2122392000

Request to Divide Signature


Signature: /mfs/    Date: 10/18/2018
Signatory's Name: Michael F. Sarney
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone: 2122392000

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: 87225437
RAM Accounting Date: 10/18/2018

Serial Number: 87225437
Internet Transmission Date: Thu Oct 18 13:23:02 EDT 2018
TEAS Stamp: USPTO/SOU-X.XX.XXX.XXX-20181018132302991
757-87225437-6101211f5eed72a89f26b27812e
389faf9683099cb3b4e6d6ca938901c6cbe4843-
DA-12443-20181018130934085052