Statement of Use

AMETHYST

AMETHYST NA SPIRITS, LLC

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

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 12/2015)
OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88374083
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://uspto.report/TM/88374083/mark.png
LITERAL ELEMENT AMETHYST
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME Burnt Church Distillery, LLC
STREET 52 Baynard Park Road
CITY Hilton Head
STATE South Carolina
ZIP/POSTAL CODE 29928
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME AMETHYST NA SPIRITS, LLC
STREET 1227 May River Road, Suite 300
CITY Bluffton
STATE South Carolina
ZIP/POSTAL CODE 29910
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 032
CURRENT IDENTIFICATION Non-alcoholic distilled spirits
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 09/01/2019
FIRST USE IN COMMERCE DATE 11/12/2019
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-9931185116-20200414222159769960_._Amethyst_Spec_1.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\883\740\88374083\xml1\SOU0002.JPG
       ORIGINAL PDF FILE SPN0-9931185116-20200414222159769960_._Amethyst_Spec_2.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\883\740\88374083\xml1\SOU0003.JPG
SPECIMEN DESCRIPTION Two (2) screen captures taken from Applicant's informational and promotional website
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
TOTAL AMOUNT 325
SIGNATURE SECTION
/Scott A. Andresen/
SIGNATORY'S NAME Scott A. Andresen
SIGNATORY'S POSITION Attorney of record. Illinois bar member
DATE SIGNED 04/14/2020
SIGNATORY'S PHONE NUMBER 773-572-6049
DECLARATION SIGNATURE /Scott A. Andresen/
SIGNATORY'S NAME Scott A. Andresen
SIGNATORY'S POSITION Attorney of Record, Illinois bar member
DATE SIGNED 04/14/2020
SIGNATORY'S PHONE NUMBER 773-572-6049
FILING INFORMATION
SUBMIT DATE Tue Apr 14 22:32:52 ET 2020
TEAS STAMP USPTO/PSE-XX.XX.XXX.XXX-2
0200414223252706428-88374
083-7101c3ea95394ee2c41ee
4ec418bd6bb0dc268d682476a
e8868ea68292d8bfa8f2-CC-3
2496994-20200414222159769
960



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 12/2015)
OMB No. 0651-0054 (Exp 10/31/2017)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:
MARK: AMETHYST(Standard Characters, see http://uspto.report/TM/88374083/mark.png)
SERIAL NUMBER: 88374083


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Burnt Church Distillery, LLC, having an address of
      52 Baynard Park Road
      Hilton Head, South Carolina 29928
      United States
Proposed: AMETHYST NA SPIRITS, LLC, having an address of
      1227 May River Road, Suite 300
      Bluffton, South Carolina 29910
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 032:
Current identification: Non-alcoholic distilled spirits

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 09/01/2019, and first used in commerce at least as early as 11/12/2019, 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) Two (2) screen captures taken from Applicant's informational and promotional website.

Original PDF file:
SPN0-9931185116-20200414222159769960_._Amethyst_Spec_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-9931185116-20200414222159769960_._Amethyst_Spec_2.pdf
Converted PDF file(s) (1 page)
Specimen File1



A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $125 will be submitted with the form, representing payment for the extension fee.

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

DECLARATION: 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 that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage 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; and that 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.DECLARATION: 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 that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage 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; and that 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.


Signature: /Scott A. Andresen/      Date Signed: 04/14/2020
Signatory's Name: Scott A. Andresen
Signatory's Position: Attorney of Record, Illinois bar member
Signatory's Phone: 773-572-6049

RAM Sale Number: 88374083
RAM Accounting Date: 04/14/2020

Serial Number: 88374083
Internet Transmission Date: Tue Apr 14 22:32:52 ET 2020
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XXX-2020041422325270
6428-88374083-7101c3ea95394ee2c41ee4ec41
8bd6bb0dc268d682476ae8868ea68292d8bfa8f2
-CC-32496994-20200414222159769960



Statement of Use [image/jpeg]

Statement of Use [image/jpeg]

Statement of Use [image/jpeg]


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