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: THERAWORX RELIEF(Standard Characters, see http://uspto.report/TM/88006438/mark.png)
SERIAL NUMBER: 88006438



The applicant, AVADIM HEALTH, INC., having an address of
      81 THOMPSON STREET
      ASHEVILLE, North Carolina 28803
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: topical medical preparations for prevention, treatment, or relief of muscle cramps, spasms, or soreness

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 01/20/2017, and first used in commerce at least as early as 01/20/2017, 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) The specimens consist of screenshots of Applicant's website displaying the mark in connection with a photograph, description, and manner of purchasing the goods identified herein.
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


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: /Paul Pedigo/      Date Signed: 03/20/2019
Signatory's Name: Paul Pedigo
Signatory's Position: Attorney of Record, North Carolina bar member
Signatory's Phone: (704) 562-4215

RAM Sale Number: 88006438
RAM Accounting Date: 03/21/2019

Serial Number: 88006438
Internet Transmission Date: Wed Mar 20 16:38:39 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-201903201638391
23560-88006438-620f29b96dec5c534c2ca58a5
3afba1905fc2b6f298834fc4cd13a9d5797275ee
-CC-3482-20190320162838227941