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: HARDWARE NOW (Stylized and/or with Design, see http://uspto.report/TM/88389470/mark.png)
SERIAL NUMBER: 88389470



The applicant, The Hillman Group, Inc., having an address of
      10590 Hamilton Avenue
      Cincinnati, Ohio 45231
      United States
is submitting the following allegation of use information:

For International Class 006:
Current identification: Metal fasteners, namely, nails, screws, nuts, bolts, washers, spacers, expansion anchors for concrete and other solid structures

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 01/00/2020, and first used in commerce at least as early as 01/00/2020, 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) digital photograph showing the mark on packaging for the goods.
Specimen File1


For International Class 007:
Current identification: Driver bits for use in power tools

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 01/00/2020, and first used in commerce at least as early as 01/00/2020, 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) digital photograph showing the mark on packaging for the goods.
Specimen File1


For International Class 008:
Current identification: Driver bits for use in hand tools

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 01/00/2020, and first used in commerce at least as early as 01/00/2020, 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) digital photograph showing the mark on packaging for the goods.
Specimen File1


For International Class 020:
Current identification: Non-metal fasteners, namely, plastic and nylon screws, nuts, bolts, spacers, expansion anchors for concrete and other solid structures, washers, concrete screws

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 01/00/2020, and first used in commerce at least as early as 01/00/2020, 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) digital photograph showing the mark on packaging for the goods.
Specimen File1


For International Class 026:
Current identification: Hook and loop fasteners

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 01/00/2020, and first used in commerce at least as early as 01/00/2020, 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) digital photograph showing the mark on packaging for the goods.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Michael J. Nieberding. Michael J. Nieberding of THOMPSON HINE LLP, is located at

      10050 INNOVATION DRIVE, SUITE 400
      DAYTON, Ohio 45342-4934
      United States
The docket/reference number is 091226-US133.

The phone number is 513-352-6719.

The fax number is 937-443-6635.

The email address is trademarks@thompsonhine.com

The applicants proposed attorney information: Michael J. Nieberding. Michael J. Nieberding of THOMPSON HINE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10050 INNOVATION DRIVE, SUITE 400
      DAYTON, Ohio 45342-4934
      United States
The docket/reference number is 091226-US133.

The phone number is 513-352-6719.

The fax number is 937-443-6635.

The email address is trademarks@thompsonhine.com

Michael J. Nieberding 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: MICHAEL J. NIEBERDING. MICHAEL J. NIEBERDING of THOMPSON HINE LLP, is located at

      10050 INNOVATION DRIVE, SUITE 400
      DAYTON, Ohio 45342-4934
      United States
The docket/reference number is 091226-US133.

The phone number is 513-352-6719.

The fax number is 937-443-6635.

The email address is trademarks@thompsonhine.com

The applicants proposed correspondence information: MICHAEL J. NIEBERDING. MICHAEL J. NIEBERDING of THOMPSON HINE LLP, is located at

      10050 INNOVATION DRIVE, SUITE 400
      DAYTON, Ohio 45342-4934
      United States
The docket/reference number is 091226-US133.

The phone number is 513-352-6719.

The fax number is 937-443-6635.

The email address is trademarks@thompsonhine.com

A fee payment in the amount of $500 will be submitted with the form, representing payment for the allegation of use for 5 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: /michael j nieberding/      Date Signed: 02/14/2020
Signatory's Name: Michael J. Nieberding
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone: 513-352-6719

Mailing Address:
   THOMPSON HINE LLP
   
   10050 INNOVATION DRIVE, SUITE 400
   DAYTON, Ohio 45342-4934

RAM Sale Number: 88389470
RAM Accounting Date: 02/14/2020

Serial Number: 88389470
Internet Transmission Date: Fri Feb 14 08:38:30 EST 2020
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2020021408383045
5543-88389470-7009f107d3c7b4dd76bbd84e57
e717b3052839f3bda24629043428325b4ab67c4-
CC-38287703-20200214071958898429