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: 88NIGHTMARKET (Stylized and/or with Design, see http://uspto.report/TM/88304203/mark.png)
SERIAL NUMBER: 88304203



The applicant, 88Rising, Inc., having an address of
      #401
      135 W. 20th Street
      New York, New York 10011
      United States
is submitting the following allegation of use information:

For International Class 035:
Current identification: Online retail store services featuring clothing and headwear from third parties or through collaborations with such third parties

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 04/02/2019, and first used in commerce at least as early as 04/02/2019, 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) Specimen 1: The first page of the specimen is a printout from Applicant's retail website bearing the mark at the top of the webpage, the second page is the same printout with a box and arrow indicating the location of the mark, and the third page is an excerpt of the webpage printout rotated to show the mark right-side up. Specimen 2: Photo of product packaging bearing the mark used for shipping clothing and headwear products sold on Applicant's online retail store.

JPG file(s):
Specimen File1
Original PDF file:
SPN0-17322719103-20200121120250655599_._Specimen_1_-_88RIS.003T.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form.
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: /Derek Hsu/      Date Signed: 01/21/2020
Signatory's Name: Derek Hsu
Signatory's Position: CFO
Signatory's Phone: 6263727387

RAM Sale Number: 88304203
RAM Accounting Date: 01/21/2020

Serial Number: 88304203
Internet Transmission Date: Tue Jan 21 17:50:33 EST 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-202001211750338
10818-88304203-7005756338e2e819b25ada971
cd7a122b5f677c633986ecffde4d8fb96ef1e880
-CC-50325436-20200121120250655599