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: GUMBO(Standard Characters, see http://uspto.report/TM/88226655/mark.png)
SERIAL NUMBER: 88226655
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Hershey Entertainment & Resorts Company, having an address of
      27 W. Chocolate Avenue
      Hershey, Pennsylvania 17033
      United States
      717-534-3800
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 018:
Current identification: Backpacks; Drawstring bags; Sack packs, namely, drawstring bags used as backpacks; Tote bags

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


For International Class 021:
Current identification: Drinkware; Shot glasses; Cups and mugs

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: Shot glasses

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: Drinkware; Cups and mugs
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/25/2019, and first used in commerce at least as early as 05/25/2019, 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) image of product showing use of the mark in connection with the listed goods.
Specimen File1


For International Class 025:
Current identification: Costumes for use in children's dress up play; Fleece tops; T-shirts; Tank tops

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


For International Class 028:
Current identification: Plastic character toys; Plush dolls; Plush toys; PVC toy figures; Stuffed and plush toys

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


For International Class 041:
Current identification: Entertainment in the nature of an amusement park ride

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 05/25/2019, and first used in commerce at least as early as 05/25/2019, 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) amusement park ride signage showing use of the mark in connection with listed services.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Elisabeth Lindenberg. Elisabeth Lindenberg, is located at

      27 W. CHOCOLATE AVENUE
      HERSHEY, Pennsylvania 17033
      United States

The phone number is 7175343800.

The email address is ellindenberg@hersheypa.com

The applicants proposed attorney information: Elisabeth Lindenberg. Elisabeth Lindenberg, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      27 W. CHOCOLATE AVENUE
      HERSHEY, Pennsylvania 17033
      United States

The phone number is 7175343800.

The email address is ellindenberg@hersheypa.com

Elisabeth Lindenberg 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: HERSHEY ENTERTAINMENT & RESORTS COMPANY. HERSHEY ENTERTAINMENT & RESORTS COMPANY, is located at

      27 W. CHOCOLATE AVENUE
      HERSHEY, Pennsylvania 17033
      United States

The phone number is 717-534-3800.

The email address is ellindenberg@hersheypa.com

The applicants proposed correspondence information: Elisabeth Lindenberg. Elisabeth Lindenberg, is located at

      27 W. CHOCOLATE AVENUE
      HERSHEY, Pennsylvania 17033
      United States

The phone number is 7175343800.

The email address is ellindenberg@hersheypa.com

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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: /Jane LaFranchi/      Date Signed: 10/22/2019
Signatory's Name: Jane LaFranchi
Signatory's Position: General Counsel & Secretary

Mailing Address:
   
   
   27 W. CHOCOLATE AVENUE
   HERSHEY, Pennsylvania 17033

RAM Sale Number: 88226655
RAM Accounting Date: 10/22/2019

Serial Number: 88226655
Internet Transmission Date: Tue Oct 22 17:04:18 EDT 2019
TEAS Stamp: USPTO/SOU-XX.X.XX.XXX-201910221704186323
98-88226655-6109cebd29198d127fae06797f91
dc260374c7d9d5a9d8d98a8ebe0f1f43635cc-ET
-04173660-20191022114014833996