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: CHARMINGLY BLACK(Standard Characters, see http://uspto.report/TM/88320376/mark.png)
SERIAL NUMBER: 88320376



The applicant, Australian Gold, LLC, having an address of
      8001 Woodland Dr
      Indianapolis, Indiana 46278
      United States
      317-290-8982
      3172908982
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 003:
Current identification: Indoor and Outdoor non-medicated skin tanning 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 11/01/2019, and first used in commerce at least as early as 11/01/2019, 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) Picture of mark as displayed on product.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Charles J. Meyer. Charles J. Meyer of WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 8183-1819.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com

The applicants proposed attorney information: Charles J. Meyer. Other appointed attorneys are John C. McNett; Thomas Q. Henry; James M. Durlacher; Charles R. Reeves; Vincent O. Wagner; Steve Zlatos; Spiro Bereveskos; Daniel J. Lueders; Kenneth A. Gandy; Timothy N. Thomas; Charles J. Meyer; Lisa A. Hiday; Christopher A. Brown; Charles P. Schmal; Quentin G. Cantrell; Marta L. Paul; William A. McKenna; James R. Blaufuss; Michael M. Morris; Jeremy J. Gustrowsky; Matthew M. Gardlik; Joshua P. Astin; Blake R. Hartz; Andrew M. Nevill. Charles J. Meyer of WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 8183-1819.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com

Charles J. Meyer 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: CHARLES J. MEYER. CHARLES J. MEYER of WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 8183-1819.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com

The applicants proposed correspondence information: CHARLES J. MEYER. CHARLES J. MEYER of WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 8183-1819.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com; docketdept@uspatent.com

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: /Matt Cotton/      Date Signed: 01/03/2020
Signatory's Name: Matt Cotton
Signatory's Position: CEO
Signatory's Phone: 317-554-3563

Mailing Address:
   WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP
   
   111 MONUMENT CIRCLE, SUITE 3700
   INDIANAPOLIS, Indiana 46204

RAM Sale Number: 88320376
RAM Accounting Date: 01/03/2020

Serial Number: 88320376
Internet Transmission Date: Fri Jan 03 10:56:50 EST 2020
TEAS Stamp: USPTO/SOU-XXXX:XXX:XXXX:X:XXXX:XXXX:XXXX
:XXXX-20200103105650934743-88320376-7006
8476015caa4ddb84c823162a3562b4a1dff21959
8ba6d67888e8f2a572a-CC-56492945-20200103
105209572796