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: ICON(Standard Characters, see http://uspto.report/TM/88135587/mark.png)
SERIAL NUMBER: 88135587


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Harbor Freight Tools USA, Inc., having an address of
      26541 Agoura Road
      Calabasas, California 91302
      United States
      Email: XXXX
Proposed: Harbor Freight Tools USA, Inc., having an address of
      26541 Agoura Road
      Calabasas, California 91302
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 020:
Current identification: Tool cabinets; tool hutches; free-standing storage racks for storing tools; wall mounted tool racks

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: free-standing storage racks for storing tools; wall mounted tool racks

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: Tool cabinets; tool hutches
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/16/2019, and first used in commerce at least as early as 09/16/2019, 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) Scanned copies of mark in use. Website accessed on August 25, 2020.
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Mark J. Rosenberg. Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, is located at

      1350 BROADWAY
      NEW YORK, New York 10018
      United States
The docket/reference number is 4621-373.

The phone number is 212-216-8000.

The fax number is 212-216-8000.

The email address is tmdocket@tarterkrinsky.com

The owner's/holder's proposed attorney information: Mark J. Rosenberg. Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1350 BROADWAY
      NEW YORK, New York 10018
      United States
The docket/reference number is 4621-373.

The phone number is 212-216-8000.

The fax number is 212-216-8000.

The email address is tmdocket@tarterkrinsky.com

Mark J. Rosenberg 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 J. ROSENBERG
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com
Correspondence Information (proposed):
      Mark J. Rosenberg
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com

The docket/reference number is 4621-373.

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: /Marc Friedman/      Date Signed: 08/25/2020
Signatory's Name: Marc Friedman
Signatory's Position: General Counsel

Mailing Address:
   TARTER KRINSKY & DROGIN LLP
   
   1350 BROADWAY
   NEW YORK, New York 10018

RAM Sale Number: 88135587
RAM Accounting Date: 08/25/2020

Serial Number: 88135587
Internet Transmission Date: Tue Aug 25 19:16:46 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20200825191646
362285-88135587-7403d87e6c6b821f441b7a82
7d9a06ab9f6a8592cab3c93d6f37b165f535f6a8
0-DA-16456174-20200825144013645942