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: CAR GUARD(Standard Characters, see http://uspto.report/TM/88170005/mark.png)
SERIAL NUMBER: 88170005



The applicant, Vivint, Inc., having an address of
      4931 North 300 West
      Provo, Utah 84604
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Electronic communication device comprising of hardware and software for use in transmitting automotive diagnostics data to mobile phones, mobile tablet computers, handheld wireless devices and smart automated devices; Electronic communication and diagnostic device comprising of hardware and software for use with mobile telephone device and smart device used to retrieve and transmit real-time data from a vehicles on-board computer as well as read and clear trouble codes associated with the check engine light and vehicle performance data, including engine speed, ignition time, fuel correction, fuel consumption, coolant temperature; Electrical and scientific apparatus, namely, an electrical locating device, electrical communication apparatus and computer software for use in vehicle used to track vehicles, and maintaining data concerning vehicles and transmitting data and location of vehicle to mobile phones, mobile tablet computers, handheld wireless devices and smart automated devices; GPS vehicle tracking devices; downloadable software in the nature of a mobile application, namely, software for locating vehicle, communicating with smart devices and retrieving vehicle diagnostic data; Computer application software for mobile phones, portable media players, handheld computers and related mobile devices, namely, software that allows users to communicate with smart devices, retrieve vehicle diagnostic data and retrieve vehicle location; computer hardware and software system for monitoring the distance between a mobile communications device and an electronic tracking device and for sending communications via radio frequency; Computer software platforms for enabling proximity detection and vehicle diagnostic code reading and connectivity with mobile devices, electronic devices in automobiles, connected electronic devices and smart devices; computer software and hardware for wirelessly connecting automobiles, devices, electronic apparatus and systems to smart devices for remote monitoring and control

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 03/20/2019, and first used in commerce at least as early as 03/20/2019, 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) Screenshot of website..
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: John C. Stringham. John C. Stringham of WORKMAN NYDEGGER, is located at

      60 EAST SOUTH TEMPLE, SUITE 1000
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 18961.300.

The phone number is 801-533-9800.

The fax number is 801-328-1707.

The email address is jstringham@wnlaw.com

The applicants proposed attorney information: John C. Stringham. Other appointed attorneys are Thomas R. Vuksinick, Jonathan W. Richards, John M. Guynn, Dana L. Tangren, Robyn L. Phillips, David R. Todd, David B. Dellenbach, Adrian J. Lee, Fraser D. Roy, Carl T. Reed, Peter F. Malen, Jens C. Jenkins, Michael J. Frodsham, J. LaVar Oldham, Matthew A. Barlow, Chad E. Nydegger, Shane K. Jensen, Matthew D. Todd, Tom M. Bonacci, Dustin Howell, Timothy D. Nichols, Kirk C. Coombs, David P. Johnson, Justin J. Cassell, W. Brad Barger, James W. McConkie, Roger J. McConkie, Charles A. Meeker, Stirling D. Fillmore, Logan B. Christenson, Gerrit C. Winkel, J. Paul Norton, Brittany Frandsen, Levi S. Brown, Joseph M. Evans, Angela L. Silvers, Peter Shiozawa, Lynne Wang, Hannah Follender, Rachel Perry of WORKMAN NYDEGGER. John C. Stringham of WORKMAN NYDEGGER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      60 EAST SOUTH TEMPLE, SUITE 1000
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 18961.300.

The phone number is 801-533-9800.

The fax number is 801-328-1707.

The email address is jstringham@wnlaw.com

John C. Stringham 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: JOHN C. STRINGHAM. JOHN C. STRINGHAM of WORKMAN NYDEGGER, is located at

      60 EAST SOUTH TEMPLE, SUITE 1000
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 18961.300.

The phone number is 801-533-9800.

The fax number is 801-328-1707.

The email address is jstringham@wnlaw.com

The applicants proposed correspondence information: JOHN C. STRINGHAM. JOHN C. STRINGHAM of WORKMAN NYDEGGER, is located at

      60 EAST SOUTH TEMPLE, SUITE 1000
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 18961.300.

The phone number is 801-533-9800.

The fax number is 801-328-1707.

The email address is jstringham@wnlaw.com; docketing@wnlaw.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: /John c. Stringham/      Date Signed: 10/22/2019
Signatory's Name: John C. Stringham
Signatory's Position: Attorney for Applicant, Utah Bar Member
Signatory's Phone: 8015339800

Mailing Address:
   WORKMAN NYDEGGER
   
   60 EAST SOUTH TEMPLE, SUITE 1000
   SALT LAKE CITY, Utah 84111

RAM Sale Number: 88170005
RAM Accounting Date: 10/22/2019

Serial Number: 88170005
Internet Transmission Date: Tue Oct 22 20:38:47 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-201910222038472
63671-88170005-610ddc369568232e77e178024
55ac32b0c02b952060a294baac750e8f25e257be
4-CC-38459154-20191022111510556806