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: SWEET EARTH(Standard Characters, see http://uspto.report/TM/88232146/mark.png)
SERIAL NUMBER: 88232146


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Dr. Earth, Inc., having an address of
      P.O. Box 3518
      Ventura, California 93006-3518
      United States
      Phone: 805-275-1861
Proposed: Dr. Earth, Inc., having an address of
      P.O. Box 460
      WINTERS, California 95694
      United States
      Phone: 805-275-1861
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 031:
Current identification: Bird seed; Cat food; Dog food; Fish food; Livestock feed; Pet food

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 02/29/2020, and first used in commerce at least as early as 02/29/2020, 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) A bag of tomatoes with the mark shown thereon.

Original PDF file:
SPN0-2605e00014175029c57b 25ffb52a5cde-202003161159 55333629_._20200316090333.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Attorney supplied declaration executed by Applicant

Original PDF file:
MISC-2605e00014175029c57b 25ffb52a5cde-202003161159 55333629_._SOUExecuted.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2

The owner's/holder's current attorney information: Sandy Lipkin. Sandy Lipkin of LAW OFFICES OF SANDY LIPKIN, is located at

      P.O. BOX 3518
      VENTURA, California 93006-3518
      United States
The docket/reference number is 874-132.

The phone number is 805-275-1861.

The email address is sandy@sandylipkin.com

The owner's/holder's proposed attorney information: Sandy Lipkin. Sandy Lipkin of LAW OFFICES OF SANDY LIPKIN, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 3518
      VENTURA, California 93006-3518
      United States
The docket/reference number is 874-132.

The phone number is 805-275-1861.

The email address is sandy@sandylipkin.com

Sandy Lipkin 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):
      SANDY LIPKIN
      PRIMARY EMAIL FOR CORRESPONDENCE: sandy@sandylipkin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Sandy Lipkin
      PRIMARY EMAIL FOR CORRESPONDENCE: sandy@sandylipkin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sandylipkin@yahoo.com

The docket/reference number is 874-132.

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: /Sandy Lipkin/      Date Signed: 03/16/2020
Signatory's Name: Sandy Lipkin
Signatory's Position: Attorney of Record
Signatory's Phone: 805-275-1861

Mailing Address:
   LAW OFFICES OF SANDY LIPKIN
   
   P.O. BOX 3518
   VENTURA, California 93006-3518

RAM Sale Number: 88232146
RAM Accounting Date: 03/16/2020

Serial Number: 88232146
Internet Transmission Date: Mon Mar 16 12:04:05 ET 2020
TEAS Stamp: USPTO/SOU-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200316120405452135-88232146-
7104330cda4441b8854bdc51f8631bf15ca44f9d
bee1f75ea19c1b8265cddb5a38-ET-04045740-2
0200316115955333629