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: FRESH WATERS(Standard Characters, see http://uspto.report/TM/88059211/mark.png)
SERIAL NUMBER: 88059211


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Reckitt Benckiser LLC, having an address of
      Morris Corporate Center IV
      399 Interpace Parkway
      Parsippany, New Jersey 07054
      United States
Proposed: Reckitt Benckiser LLC, having an address of
      Morris Corporate Center IV
      399 Interpace Parkway
      Parsippany, New Jersey 07054
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 003:
Current identification: Perfuming preparations for the atmosphere, namely, room fragrances and room perfume sprays; Reed diffusers comprised of scented oils and also including reeds and a diffuser container; potpourri; essential oils for household use, preparations for perfuming or fragrancing the air, namely, incense, incense cones, incense sticks, incense sachets, incense sprays, potpourri, essential oils and room perfume sprays

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: reed diffusers, namely, reeds and scented oils sold as a unit for use in room scent diffusers, potpourri; incense, incense cones, incense sticks, incense sachets, incense sprays, potpourri

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: : Perfuming preparations for the atmosphere, namely, room fragrances and room perfume sprays; essential oils for household use, preparations for perfuming or fragrancing the air, namely, essential oils and room perfume sprays.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/00/2016, and first used in commerce at least as early as 06/00/2016, 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) digital point of sale display.
Specimen File1


For International Class 005:
Current identification: Air freshening preparations, namely, household air deodorants; air purifying preparations for household use; household and room deodorants; preparations for neutralizing odors in carpets, textiles and in the air

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: air purifying preparations; preparations for neutralising odours in carpets, textiles and in the air.

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: Air freshening preparations, namely, household air deodorants; household and room deodorants
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/00/2016, and first used in commerce at least as early as 06/00/2016, 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) digital point of sale display.
Specimen File1


For International Class 011:
Current identification: Apparatus and instruments, namely, dispensing units and diffusers for room fragrances, air fresheners and room deodorants, all for scenting, purifying or freshening the atmosphere; parts and fittings for all aforesaid goods sold as a unit therewith

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: purifying; parts and fittings for all aforesaid goods sold as a unit therewith.

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: Apparatus and instruments, namely, dispensing units and diffusers for room fragrances, all for scenting, or freshening the atmosphere
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/00/2016, and first used in commerce at least as early as 06/00/2016, 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) digital point of sale display.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Mark Lerner. Mark Lerner of SATTERLEE STEPHENS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      230 PARK AVENUE SUITE 1130
      NEW YORK, New York 10169
      United States
The docket/reference number is 104888-00695.

The phone number is 212-404-8714.

The fax number is 212-818-9606.

The email address is mlerner@ssbb.com

The owner's/holder's proposed attorney information: Mark Lerner. Mark Lerner of DUANE MORRIS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      230 Park Avenue, Suite 1130
      NEW YORK, New York 10169
      United States
The docket/reference number is 104888-00695.

The phone number is 212-404-8714.

The fax number is 212-818-9606.

The email address is malerner@duanemorris.com

Mark Lerner 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.Correspondence Information (current):
      MARK LERNER
      PRIMARY EMAIL FOR CORRESPONDENCE: mlerner@ssbb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Mark Lerner
      PRIMARY EMAIL FOR CORRESPONDENCE: malerner@duanemorris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@duanemorris.com

The docket/reference number is 104888-00695.

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 $300 will be submitted with the form, representing payment for the allegation of use for 3 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: /charlieeveritt/      Date Signed: 05/13/2020
Signatory's Name: Charlie Everitt
Signatory's Position: VP GC Trademarks
Signatory's Phone: 07408865200

Mailing Address:
   DUANE MORRIS LLP
   
   230 Park Avenue, Suite 1130
   NEW YORK, New York 10169

RAM Sale Number: 88059211
RAM Accounting Date: 05/13/2020

Serial Number: 88059211
Internet Transmission Date: Wed May 13 09:57:40 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2020051309574024
6137-88059211-71056eb9080b5252c86c2b54e8
c421d1c747380eb2fb77059f3be45a269f564d9d
b-DA-57396917-20200512085416817011