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: PROCOMP(Standard Characters, see http://uspto.report/TM/88123581/mark.png)
SERIAL NUMBER: 88123581


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Rhode 401, LLC, having an address of
      Attn: Gary Bedard
      27 West Park Place
      Woonsocket, Rhode Island 02895
      United States
      Phone: 650-773-3730
      Email: XXXX
Proposed: Rhode 401, LLC, having an address of
      Attn: Gary Bedard
      27 West Park Place
      Woonsocket, Rhode Island 02895
      United States
      Phone: 650-773-3730
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 010:
Current identification: Composite thermoplastic resin-fiber materials for external support of human body structures; composite thermoplastic resin-fiber materials for orthotics and prosthetics; composite thermoplastic resin-fiber materials sold as a component of finished custom cushioned medical and therapeutic devices and equipment, namely, therapeutic braces, orthotics, and prosthetics

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 09/19/2018, and first used in commerce at least as early as 04/01/2020, 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) Left column shows a webpage from the distributor, downloaded April 1, 2020, showing Rhode 401, LLC licensed use of the mark and patented materials in the context of a website with an active "Buy Now" shopping cart system. Next column top two entries provide proof that the shopping cart is active. The column bottom shows Rhode 401, LLC ownership of the US patent 8,088,320 on the materials being sold. Rightmost two columns show the materials in use in the claimed class 10 medical products..
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      STEPHEN E. ZWEIG
      PRIMARY EMAIL FOR CORRESPONDENCE: szweig@patentassociate.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ggbsf@earthlink.net

The docket/reference number is BEDRD-PCOMP.
Correspondence Information (proposed):
      Stephen E. Zweig
      PRIMARY EMAIL FOR CORRESPONDENCE: szweig@patentassociate.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ggbsf@earthlink.net

The docket/reference number is BEDRD-PCOMP.

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: /Stephen E. Zweig/      Date Signed: 04/02/2020
Signatory's Name: Stephen E. Zweig
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone: 408 348-1495

RAM Sale Number: 88123581
RAM Accounting Date: 04/02/2020

Serial Number: 88123581
Internet Transmission Date: Thu Apr 02 11:35:19 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XX-2020040211351929
1524-88123581-71024da8db68b81ce0daac8d11
12edc0806de879dc808eb6271cd87d6bea4813d-
CC-35179387-20200402112453071404