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: BRANCH BURGER(Standard Characters, see http://uspto.report/TM/88310858/mark.png)
SERIAL NUMBER: 88310858


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Kushner IP Holdings LLC, having an address of
      666 Fifth Avenue, FL 15
      New York, New York 10103
      United States
Proposed: Kushner IP Holdings LLC, having an address of
      666 Fifth Avenue, FL 15
      New York, New York 10103
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 043:
Current identification: Restaurant, Bar, and Café services

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: bar services

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: restaurant and café services
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2019, and first used in commerce at least as early as 07/00/2019, 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) signage and menu.
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Peter A. Chiabotti
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@akerman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Peter A. Chiabotti
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@akerman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 11574-10.

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: /Peter Febo/      Date Signed: 04/21/2020
Signatory's Name: Peter Febo
Signatory's Position: COO
Signatory's Phone: 212-527-7009

RAM Sale Number: 88310858
RAM Accounting Date: 04/21/2020

Serial Number: 88310858
Internet Transmission Date: Tue Apr 21 14:05:09 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2020042114050979
9285-88310858-7101f95c88aa5ca85178e61d6d
773bfad3bf61d8b2359e09c5382c6a3efc75437d
-DA-05092091-20200421105052675565