Amendment to Allege Use

FITPRO

United Surgical, Inc.

Trademark/Service Mark Amendment to Allege 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)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88326718
EXTENSION OF USE NO
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88326718/mark.png
LITERAL ELEMENT FITPRO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
OWNER SECTION
NAME United Surgical, Inc.
STREET 2235 Pennsylvania Street
CITY Fort Wayne
STATE Indiana
ZIP/POSTAL CODE 46803
COUNTRY United States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 010
CURRENT IDENTIFICATION Orthopedic supports; Orthopedic braces
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 05/06/2019
FIRST USE IN COMMERCE DATE 05/06/2019
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\883\267\88326718\xml2\ AAU0002.JPG
SPECIMEN DESCRIPTION image of product as sold with packaging displaying the mark
REQUEST TO DIVIDE NO
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
TOTAL AMOUNT 100
SIGNATURE SECTION
DECLARATION SIGNATURE /Felix L. Fischer/
SIGNATORY'S NAME Felix L. Fischer
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 05/07/2019
SIGNATORY'S PHONE NUMBER 805-693-0685
FILING INFORMATION
SUBMIT DATE Tue May 07 13:34:36 EDT 2019
TEAS STAMP USPTO/AAU-XX.XXX.XX.XX-20
190507133436729823-883267
18-620aadfc9a1ecaeaae5cd8
a861aa7845c380eb39e35b51d
dbea28a1e7c9b29f35-CC-124
42-20190507132938430760



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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))


To the Commissioner for Trademarks:
MARK: FITPRO (Stylized and/or with Design, see http://uspto.report/TM/88326718/mark.png)
SERIAL NUMBER: 88326718



The applicant, United Surgical, Inc., having an address of
      2235 Pennsylvania Street
      Fort Wayne, Indiana 46803
      United States
is submitting the following allegation of use information:

For International Class 010:
Current identification: Orthopedic supports; Orthopedic braces

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 05/06/2019, and first used in commerce at least as early as 05/06/2019, 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) image of product as sold with packaging displaying the mark.
Specimen File1


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: /Felix L. Fischer/      Date Signed: 05/07/2019
Signatory's Name: Felix L. Fischer
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 805-693-0685

RAM Sale Number: 88326718
RAM Accounting Date: 05/07/2019

Serial Number: 88326718
Internet Transmission Date: Tue May 07 13:34:36 EDT 2019
TEAS Stamp: USPTO/AAU-XX.XXX.XX.XX-20190507133436729
823-88326718-620aadfc9a1ecaeaae5cd8a861a
a7845c380eb39e35b51ddbea28a1e7c9b29f35-C
C-12442-20190507132938430760



Amendment to Allege Use [image/jpeg]


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