Amendment to Allege 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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: M MOD-LITE (Stylized and/or with Design, see http://uspto.report/TM/88214992/mark.png)
SERIAL NUMBER: 88214992



The applicant, S.R. Smith, LLC, having an address of
      1017 SW Berg Parkway
      Canby, Oregon 97013
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Lighting apparatus for swimming pools in the nature of lighting control apparatus

All ITU goods/services in this class are to be deleted


For International Class 011:
Current identification: Lighting fixtures; lighting fixtures for swimming pools; lighting apparatus for swimming pools, namely, lighting installations

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 06/10/2019, and first used in commerce at least as early as 06/10/2019, 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) Photograph showing the Mark on a quick-start user guide as shipped with the Goods also depicted in the photograph.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Matthew R. Wilmot. Matthew R. Wilmot of STOEL RIVES LLP, is located at

      760 SW NINTH AVENUE, SUITE 3000
      PORTLAND, Oregon 97205
      United States
The docket/reference number is 38097-2.

The phone number is 503-294-9851.

The fax number is (503) 220-2480.

The email address is TM-PDX@STOEL.COM

The applicants proposed attorney information: Matthew R. Wilmot. Other appointed attorneys are Anne W. Glazer, Kevin S. Crosman, Randolph C. Foster, Alfredo Villanueva, Catherine P. Lake, Joshua G. Gigger. Matthew R. Wilmot of STOEL RIVES LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      760 SW NINTH AVENUE, SUITE 3000
      PORTLAND, Oregon 97205
      United States
The docket/reference number is 38097-2.

The phone number is 503-294-9851.

The fax number is (503) 220-2480.

The email address is TM-PDX@STOEL.COM

Matthew R. Wilmot 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: MATTHEW R. WILMOT. MATTHEW R. WILMOT of STOEL RIVES LLP, is located at

      760 SW NINTH AVENUE, SUITE 3000
      PORTLAND, Oregon 97205
      United States
The docket/reference number is 38097-2.

The phone number is 503-294-9851.

The fax number is (503) 220-2480.

The email address is TM-PDX@STOEL.COM

The applicants proposed correspondence information: MATTHEW R. WILMOT. MATTHEW R. WILMOT of STOEL RIVES LLP, is located at

      760 SW NINTH AVENUE, SUITE 3000
      PORTLAND, Oregon 97205
      United States
The docket/reference number is 38097-2.

The phone number is 503-294-9851.

The fax number is (503) 220-2480.

The email address is TM-PDX@STOEL.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: /Matthew R. Wilmot/      Date Signed: 01/29/2020
Signatory's Name: Matthew R. Wilmot
Signatory's Position: Attorney of record, Oregon Bar member
Signatory's Phone: 503-294-9851

Mailing Address:
   STOEL RIVES LLP
   
   760 SW NINTH AVENUE, SUITE 3000
   PORTLAND, Oregon 97205

RAM Sale Number: 88214992
RAM Accounting Date: 01/29/2020

Serial Number: 88214992
Internet Transmission Date: Wed Jan 29 21:03:55 EST 2020
TEAS Stamp: USPTO/AAU-XX.XXX.XXX.XXX-202001292103552
76312-88214992-7001573e4243ab075f89d178a
39f6728410e05bc9fead752f7aae5c955901bd3c
5-CC-03531118-20200129192958915043