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: ELITE(Standard Characters, see http://uspto.report/TM/88108657/mark.png)
SERIAL NUMBER: 88108657



The applicant, Red River Commodities, Inc., having an address of
      501 42nd Street NW
      Fargo, North Dakota 58102
      United States
is submitting the following allegation of use information:

For International Class 031:
Current identification: Bird food

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 09/01/2019, and first used in commerce at least as early as 09/01/2019, 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) The specimen consists of a screenshot of a world wide web offer for sale, with opportunity to purchase, of Applicant's bagged bird seed, the goods prominently displaying Applicant's as-applied-for mark..

Original PDF file:
SPN0-71510824-20190918081701758167_._Elite_specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Richard C. Stempkovski, Jr.. Richard C. Stempkovski, Jr. of DICKE, BILLIG & CZAJA, PLLC, is located at

      100 SOUTH FIFTH STREET, SUITE 2250
      FIFTH STREET TOWERS
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is R4002.621101.

The phone number is 612-573-2000.

The fax number is 6125732005.

The email address is upsto@dbclaw.com

The applicants proposed attorney information: Richard C. Stempkovski, Jr.. Other appointed attorneys are Timothy A. Czaja, Paul P. Kempf, Steven E. Dicke, Patrick G. Billig, John M. Weyrauch, Scott A. Lund, Robin A. Sannes, Peter Forrest, Thomas W. Leffert, and Stephanie Kwong. Richard C. Stempkovski, Jr. of DICKE, BILLIG & CZAJA, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      100 SOUTH FIFTH STREET, SUITE 2250
      FIFTH STREET TOWERS
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is R4002.621101.

The phone number is 612-573-2000.

The fax number is 6125732005.

The email address is upsto@dbclaw.com

Richard C. Stempkovski, Jr. 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: RICHARD C. STEMPKOVSKI, JR.. RICHARD C. STEMPKOVSKI, JR. of DICKE, BILLIG & CZAJA, PLLC, is located at

      100 SOUTH FIFTH STREET, SUITE 2250
      FIFTH STREET TOWERS
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is R4002.621101.

The phone number is 612-573-2000.

The fax number is 6125732005.

The email address is uspto@dbclaw.com

The applicants proposed correspondence information: RICHARD C. STEMPKOVSKI, JR.. RICHARD C. STEMPKOVSKI, JR. of DICKE, BILLIG & CZAJA, PLLC, is located at

      100 SOUTH FIFTH STREET, SUITE 2250
      FIFTH STREET TOWERS
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is R4002.621101.

The phone number is 612-573-2000.

The fax number is 6125732005.

The email address is upsto@dbclaw.com; rstempkovski@dbclaw.com; mjachim@dbclaw.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.


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: /Richard C Stempkovski, Jr./      Date Signed: 09/18/2019
Signatory's Name: Richard C. Stempkovski, Jr.
Signatory's Position: Attorney of Record, MN bar member
Signatory's Phone: 612-767-2522

Mailing Address:
   DICKE, BILLIG & CZAJA, PLLC
   100 SOUTH FIFTH STREET, SUITE 2250
   FIFTH STREET TOWERS
   MINNEAPOLIS, Minnesota 55402

RAM Sale Number: 88108657
RAM Accounting Date: 09/18/2019

Serial Number: 88108657
Internet Transmission Date: Wed Sep 18 09:09:43 EDT 2019
TEAS Stamp: USPTO/SOU-XX.X.XXX.XX-201909180909435078
59-88108657-610478b4d483cfeffd6c962d5370
93ede07275ed4d2d5be926b27888af1f7b8-CC-0
9421235-20190918081701758167