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: THE SOUND OF COLOR (Stylized and/or with Design, see http://teas.gov.uspto.report/aou/pages/common/No-Image-File.jpg)
SERIAL NUMBER: 88228460



The applicant, ORLY INTERNATIONAL, INC., having an address of
      7710 HASKELL AVENUE
      VAN NUYS, California 91406
      United States
is submitting the following allegation of use information:

For International Class 003:
Current identification: Nail care preparations

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 11/01/2018, and first used in commerce at least as early as 11/01/2018, 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) POINT-OF-PURCHASE DISPLAY.
Specimen File1


For International Class 044:
Current identification: Beauty salon services; Beauty salon services featuring nail care and meditation therapy

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 11/01/2018, and first used in commerce at least as early as 11/01/2018, 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) ADVERTISEMENT AND PROMOTIONAL MATERIALS ON PREMISES OF BEAUTY SALONS.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: JAMES E. SHLESINGER. JAMES E. SHLESINGER of SHLESINGER, ARKWRIGHT & GARVEY LLP, is located at

      5845 RICHMOND HIGHWAY, SUITE 415
      ALEXANDRIA, Virginia 22303
      United States
The docket/reference number is R-8193.

The phone number is 703-684-5600.

The fax number is 703-836-5288.

The email address is jim@sagllp.com

The applicants proposed attorney information: JAMES E. SHLESINGER. JAMES E. SHLESINGER of SHLESINGER, ARKWRIGHT & GARVEY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5845 RICHMOND HIGHWAY, SUITE 415
      ALEXANDRIA, Virginia 22303
      United States
The docket/reference number is R-8193.

The phone number is 703-684-5600.

The fax number is 703-836-5288.

The email address is jim@sagllp.com

JAMES E. SHLESINGER 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: JAMES E. SHLESINGER. JAMES E. SHLESINGER of SHLESINGER, ARKWRIGHT & GARVEY LLP, is located at

      5845 RICHMOND HIGHWAY, SUITE 415
      ALEXANDRIA, Virginia 22303
      United States
The docket/reference number is R-8193.

The phone number is 703-684-5600.

The fax number is 703-836-5288.

The email address is jim@sagllp.com

The applicants proposed correspondence information: JAMES E. SHLESINGER. JAMES E. SHLESINGER of SHLESINGER, ARKWRIGHT & GARVEY LLP, is located at

      5845 RICHMOND HIGHWAY, SUITE 415
      ALEXANDRIA, Virginia 22303
      United States
The docket/reference number is R-8193.

The phone number is 703-684-5600.

The fax number is 703-836-5288.

The email address is jim@sagllp.com; nitasantiago@sagllp.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: /jes/      Date Signed: 01/03/2020
Signatory's Name: James E. Shlesinger
Signatory's Position: Attorney of Record, Virginia Bar Member
Signatory's Phone: 703-684-5600

Mailing Address:
   SHLESINGER, ARKWRIGHT & GARVEY LLP
   
   5845 RICHMOND HIGHWAY, SUITE 415
   ALEXANDRIA, Virginia 22303

RAM Sale Number: 88228460
RAM Accounting Date: 01/03/2020

Serial Number: 88228460
Internet Transmission Date: Fri Jan 03 11:16:50 EST 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202001031116500
19873-88228460-70040a4b0495252e06e7b4bd8
9cb6233bf73855075d7569689133e752794369e8
6-DA-16493414-20200103110603257607