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: SEEING IS BELIEVING(Standard Characters, see http://uspto.report/TM/88107256/mark.png)
SERIAL NUMBER: 88107256


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: RightEye, LLC, having an address of
      7979 Old Georgetown Road, Suite 801
      Bethesda, Maryland 20814
      United States
      Email: XXXX
Proposed: RightEye, LLC, having an address of
      7979 Old Georgetown Road, Suite 801
      Bethesda, Maryland 20814
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 035:
Current identification: Collecting and analyzing eye-tracking data for business purposes; Preparing business reports regarding predictive modeling and analytics based on eye-tracking data; Preparing business reports to determine employee and potential employee competency based on eye-tracking data collected during individual testing; Providing consultation for improving mental and physical job performance based on eye-tracking data collected during individual testing

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 10/30/2020, and first used in commerce at least as early as 10/30/2020, 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) Advertisements or promotional materials featuring the services.

Original PDF file:
SPN0-742208179-2021041316 0620592354_._Class_35_Vis ion_Care___RightEye__1323 798_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://righteye.com/markets/vision-care/
Webpage Date of Access: 03/01/2021

For International Class 041:
Current identification: Collecting and analyzing eye tracking data for physical fitness, physical performance, and athletic performance purposes; Preparing physical fitness assessment reports based on eye-tracking data collected during individual testing; Providing physical fitness consultation for improving individual athletic performance based on eye-tracking data collected during individual testing

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 10/30/2020, and first used in commerce at least as early as 10/30/2020, 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) Advertisements or promotional materials featuring the services.

Original PDF file:
SPN1-742208179-2021041316 0620592354_._Class_41_Spo rts_Organizations_-_Right Eye_LLC__1323799_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://righteye.com/markets/sports-organizations/
Webpage Date of Access: 03/01/2021

For International Class 042:
Current identification: Providing on-line non-downloadable computer software for collecting eye-tracking data; Providing on-line non-downloadable computer software for analyzing eye-tracking data and generating reports relating thereto in the fields of individual mental, health, wellness, vision, reading and physical performance assessments and scientific research; Providing on-line non-downloadable computer software for predictive modeling and analytics in the fields of individual mental, health, wellness, vision, reading and physical performance testing and assessments

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 10/30/2020, and first used in commerce at least as early as 10/30/2020, 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) Advertisements or promotional materials featuring the services.

Original PDF file:
SPN2-742208179-2021041316 0620592354_._Class_42_Dyn amic_Vision_Module___Righ tEye__1323800_.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://righteye.com/products/dynamic-vision/
Webpage Date of Access: 03/03/2021

For International Class 044:
Current identification: Collecting and analyzing eye tracking data for health, wellness, and vision purposes; Preparing health, wellness, and vision assessment reports based on eye-tracking data collected during individual testing; Providing consultation for improving individual health, wellness, and vision based on eye-tracking data collected during individual testing

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 10/30/2020, and first used in commerce at least as early as 10/30/2020, 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) Advertisements or promotional materials featuring the services.

Original PDF file:
SPN3-742208179-2021041316 0620592354_._4_Revolution ary_Eye-Tracking_Technolo gy___RightEye__1323801_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://righteye.com
Webpage Date of Access: 03/15/2021

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      David M. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hue.morrison@kelly-ip.com
Correspondence Information (proposed):
      David M. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hue.morrison@kelly-ip.com

The docket/reference number is 13038.0009.

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 $400 will be submitted with the form, representing payment for the allegation of use for 4 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: /adam gross/      Date Signed: 04/14/2021
Signatory's Name: Adam Gross
Signatory's Position: Chief Executive Officer
Signatory's Phone: 3012517795
Signature method: Sent to third party for signature

PAYMENT: 88107256
PAYMENT DATE: 04/14/2021

Serial Number: 88107256
Internet Transmission Date: Wed Apr 14 17:37:16 ET 2021
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20210414173716655
219-88107256-770ba766b3a5f9fd329abd8c033
9cb4303857a52c4b5723758c87c94cb7e54e49c5
-CC-37132531-20210413160620592354