Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:
MARK: DARWIN(Standard Characters, see http://uspto.report/TM/88093422/mark.png)
SERIAL NUMBER: 88093422


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Breitling S.A., having an address of
      Leon Breitling-Strasse 2
      Grenchen, CH-2540
      Switzerland
      Email: XXXX
Proposed: Breitling S.A., having an address of
      Leon Breitling-Strasse 2
      Grenchen, CH-2540
      Switzerland
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 014:
Current identification: horological instruments and chronometrical instruments, namely, watches, wrist-watches, straps for wrist-watches, watchcases being parts of watches, travel clocks, clocks, chronographs for use as watches, and chronometers

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 03/16/2021, and first used in commerce at least as early as 03/16/2021, 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) website screen.

Original PDF file:
SPN0-232824984-2021031716 5033446638_._SCREENSHOT.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.iwc.com/en/watch-collections/aquatimer/iw379503-aquatimer-chronograph-edition-expedition-charles-darwin.html
Webpage Date of Access: 03/16/2021

The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: JOHN P. MURTAUGH. JOHN P. MURTAUGH of PEARNE & GORDON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1801 EAST 9TH STREET, SUITE 1200
      CLEVELAND, Ohio 44114-3108
      United States
The docket/reference number is SKP10-63309.

The phone number is 216-579-1700.

The fax number is 216-579-6073.

The email address is tmdocket@pearne.com

The owner's/holder's proposed attorney information: JOHN P. MURTAUGH. JOHN P. MURTAUGH of PEARNE & GORDON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1801 EAST 9TH STREET, SUITE 1200
      CLEVELAND, Ohio 44114-3108
      United States
The docket/reference number is SKP17-63309.

The phone number is 216-579-1700.

The fax number is 216-579-6073.

The email address is tmdocket@pearne.com

JOHN P. MURTAUGH 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):
      JOHN P. MURTAUGH
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@pearne.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      JOHN P. MURTAUGH
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@pearne.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is SKP17-63309.

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 $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: /johnpmurtaugh/      Date Signed: 03/17/2021
Signatory's Name: JOHN P. MURTAUGH
Signatory's Position: ATTORNEY OF RECORD, OHIO BAR MEMBER
Signatory's Phone: 216-579-1700
Signature method: Sent to third party for signature

Mailing Address:
   PEARNE & GORDON LLP
   
   1801 EAST 9TH STREET, SUITE 1200
   CLEVELAND, Ohio 44114-3108

PAYMENT: 88093422
PAYMENT DATE: 03/18/2021

Serial Number: 88093422
Internet Transmission Date: Thu Mar 18 12:37:13 ET 2021
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20210318123713083
972-88093422-770a2692a61f22cd9c9b313033a
931929c60fd6162eaa5936967337358aafeec8-D
A-37114712-20210317165033446638