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: BAD BOY(Standard Characters, see http://uspto.report/TM/88362954/mark.png)
SERIAL NUMBER: 88362954


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Frisch's IP, LLC, having an address of
      2800 Gilbert Avenue
      Cincinnati, Ohio 45206
      United States
      Email: XXXX
Proposed: Frisch's IP, LLC, having an address of
      2800 Gilbert Avenue
      Cincinnati, Ohio 45206
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 030:
Current identification: Specialty hamburger sandwiches prepared in select restaurants

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 04/24/2019, and first used in commerce at least as early as 04/24/2019, 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) Screen shot from Applicant's website displaying the mark in relation to the goods; copy of Applicant's menu displaying the mark in relation to the goods.

JPG file(s):
Specimen File1
Original PDF file:
SPN0-21613612218-20200410124730937198_._FRSCH_Carryout_Menu.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 043:
Current identification: Restaurant services; Drive-through 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 04/24/2019, and first used in commerce at least as early as 04/24/2019, 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) Screen shot from Applicant's website displaying the mark and describing the services; copy of Applicant's carryout menu displaying the mark and describing the services.

JPG file(s):
Specimen File1
Original PDF file:
SPN1-21613612218-20200410124730937198_._FRSCH_Carryout_Menu.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Kathryn E. Smith
      PRIMARY EMAIL FOR CORRESPONDENCE: ksmith@whe-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptodock@whe-law.com; sdaczko@whe-law.com

The docket/reference number is FRSCH134128.
Correspondence Information (proposed):
      Kathryn E. Smith
      PRIMARY EMAIL FOR CORRESPONDENCE: ksmith@whe-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptodock@whe-law.com; sdaczko@whe-law.com

The docket/reference number is FRSCH134128.

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 $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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: /Kathryn E. Smith/      Date Signed: 04/11/2020
Signatory's Name: Kathryn E. Smith
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone: 513-241-2324

RAM Sale Number: 88362954
RAM Accounting Date: 04/13/2020

Serial Number: 88362954
Internet Transmission Date: Sat Apr 11 21:41:50 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-202004112141503
40003-88362954-710e4ada34e4dca5534e7b459
506a95aa43211d99c9dfd24a304b1ed8d3cd46af
4-CC-41486880-20200411213005263823