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 12/2015) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
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 12/2015) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: ST (Stylized and/or with Design, see
mark)
SERIAL NUMBER: 88294511
OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Smoky Tony's LLC, having an address of
101 S. White Street
Wake Forest, North Carolina 27587
United States
Email: XXXX
Proposed: Smoky Tony's LLC, having an address of
101 S. White Street
Wake Forest, North Carolina 27587
United States
Phone:
Email: XXXX
The owner is submitting the following allegation of use information:
For International Class 014:
Current identification: Key chains
All ITU goods/services in this class are to be deleted
For International Class 021:
Current identification: Cups; Insulating sleeve holder for beverage cups; Mugs
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 04/08/2020, and first used in commerce at least as early as
04/08/2020, 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) screenshot of product offered for sale on website.
Original PDF file:
SPN1-16222332114-20200420 141948168670_._Smoky_Tony
_s_Cup_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 025:
Current identification: Aprons; Hats; Shirts
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 04/08/2020, and first used in commerce at least as early as
04/08/2020, 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) screenshot of product offered for sale on website.
Original PDF file:
SPN2-16222332114-20200420
141948168670_._Smoky_Tony _s_Shirt_Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-16222332114-20200420
141948168670_._Smoky_Tony _s_Shirt_Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 030:
Current identification: Barbecue dry rub; Barbeque sauce; Sauces for barbecued meat
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 04/09/2020, and first used in commerce at least as early as
04/09/2020, 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) pictures of products.
Original PDF file:
SPN3-16222332114-20200420 141948168670_._Smoky_Tony
_s_Rub_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN3-16222332114-20200420
141948168670_._Smoky_Tony _s_Sauce_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 043:
Current identification: Catering; Restaurant services; Take-out restaurant services
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 04/09/2020, and first used in commerce at least as early as
04/09/2020, 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) Screenshot of website where consumers can order.
Original PDF file:
SPN4-16222332114-20200420
141948168670_._Smoky_Tony _s_Catering_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.
A fee payment in the amount of $500 will be submitted with the form, representing payment for the extension fee.
A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 classes.
Declaration
DECLARATION: 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 that all
statements made on information and belief are believed to be true.
STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time
to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.
STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered;
for a trademark or
service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified;
for a
collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the
goods/services/collective membership organization in commerce.
STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d),
for a trademark or service mark application,
the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified;
for a collective trademark, collective service mark, or collective membership mark application, the applicant has a continued bona fide intention to exercise legitimate control over the
use of the mark in commerce on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark
application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce in connection with the goods/services in the notice of
allowance or as subsequently modified and the applicant will not engage 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; and that 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.DECLARATION: 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 that all statements made on information and belief are
believed to be true.
STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time
to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.
STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered;
for a trademark or
service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified;
for a
collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the
goods/services/collective membership organization in commerce.
STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d),
for a trademark or service mark application,
the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified;
for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of
the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark
application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the
notice of allowance or as subsequently modified and the applicant will not engage 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; and that 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.
Signature: /Lacey Chase/ Date Signed: 04/20/2020
Signatory's Name: Lacey Chase
Signatory's Position: Attorney of Record, Utah Bar Member
RAM Sale Number: 88294511
RAM Accounting Date: 04/20/2020
Serial Number: 88294511
Internet Transmission Date: Mon Apr 20 14:59:14 ET 2020
TEAS Stamp: USPTO/PSE-XXX.XXX.XX.XXX-202004201459149
41110-88294511-710417175739f2ec26ac43e02
3a52d64f51796b2aee7563a8eb07e7067def3c6-
DA-59149613-20200420141948168670
