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)

---

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: VETALITY(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87061856/large)
SERIAL NUMBER: 87061856



The applicant, Tevra Brands, LLC, having an address of
      9100 F Street, Suite 200
      Omaha, Nebraska 68127
      United States
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 001:
Current identification: non-medical household behavior modification sprays for dogs and cats, namely, chemical sprays used to aid in housebreaking dogs and cats

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 10/11/2019, and first used in commerce at least as early as 10/11/2019, 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) scanned photo of product.

Original PDF file:
SPN0-21617048162-20191022141128156587_._Speciment-Vetality.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 018:
Current identification: collars for pets; behavior modification collars for pets

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 1 - non-medical household behavior modification sprays for dogs and cats, namely, chemical sprays used to aid in housebreaking dogs and cats
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 18 - collars for pets; behavior modification collars for pets

The applicant's current attorney information: Grayson J. Derrick. Grayson J. Derrick of BAIRD HOLM LLP, is located at

      1700 FARNAM STREET, SUITE 1500
      OMAHA, Nebraska 68102
      United States

The phone number is 402-344-0500.

The fax number is 402-344-0588.

The email address is gderrick@bairdholm.com

The applicants proposed attorney information: Grayson J. Derrick. Grayson J. Derrick of BAIRD HOLM LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1700 FARNAM STREET, SUITE 1500
      OMAHA, Nebraska 68102
      United States

The phone number is 402-344-0500.

The fax number is 402-344-0588.

The email address is gderrick@bairdholm.com

Grayson J. Derrick submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: GRAYSON J. DERRICK. GRAYSON J. DERRICK of BAIRD HOLM LLP, is located at

      1700 FARNAM STREET, SUITE 1500
      OMAHA, Nebraska 68102
      United States

The phone number is 402-344-0500.

The fax number is 402-344-0588.

The email address is gderrick@bairdholm.com

The applicants proposed correspondence information: GRAYSON J. DERRICK. GRAYSON J. DERRICK of BAIRD HOLM LLP, is located at

      1700 FARNAM STREET, SUITE 1500
      OMAHA, Nebraska 68102
      United States

The phone number is 402-344-0500.

The fax number is 402-344-0588.

The email address is gderrick@bairdholm.com; hshire@bairdholm.com

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: /Grayson J. Derrick/      Date Signed: 10/22/2019
Signatory's Name: Grayson J. Derrick
Signatory's Position: Attorney of record, NE bar member
Signatory's Phone: 402-344-0500, ext. 229

Request to Divide Signature


Signature: /Grayson J. Derrick/    Date: 10/22/2019
Signatory's Name: Grayson J. Derrick
Signatory's Position: Attorney of record, NE bar member

Signatory's Phone: 402-344-0500, ext. 229

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


Mailing Address:
   BAIRD HOLM LLP
   
   1700 FARNAM STREET, SUITE 1500
   OMAHA, Nebraska 68102

RAM Sale Number: 87061856
RAM Accounting Date: 10/22/2019

Serial Number: 87061856
Internet Transmission Date: Tue Oct 22 14:37:16 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-201910221437162
87315-87061856-610d7614d86cc28e2efc2ff27
bfae59c454cf3d344f71b938cc3e4384a3c6a43-
CC-37140335-20191022141128156587