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: KYOCERA (Stylized and/or with Design, see http://uspto.report/TM/88400581/mark.png)
SERIAL NUMBER: 88400581


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: KYOCERA Corporation, having an address of
      6 Takeda Tobadono-cho, Fushimi-ku
      Kyoto-shi, Kyoto, 612-8501
      Japan
Proposed: KYOCERA Corporation, having an address of
      6 Takeda Tobadono-cho, Fushimi-ku
      Kyoto-shi, Kyoto, 612-8501
      Japan
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 021:
Current identification: Unworked or semi-worked glass, not for building; industrial packaging containers of glass or porcelain; cooking pans, non-electric; thermal insulated containers for food or beverage; dinnerware, other than knives, forks and spoons; lunch-boxes; heat and cold insulation lunch-boxes; drinking glasses, namely, tumblers; vacuum mugs; insulated mugs; chopping boards for kitchen use; pepper mills, hand-operated; sugar tongs; nutcrackers; food preserving jars of glass; drinking flasks for travelers; mug bottles, sold empty; vacuum bottles; wide-mouthed insulating jars; soup jars; heat and cold insulation drinking flasks; cleaning tools for washing utensils, namely, cleaning brushes and sponges; Household or kitchen utensils, namely, kitchen tongs, turners, covers for frying pans and cutting boards for the kitchen; Combs and toiletry sponges; Brushes, namely, cosmetic brushes, dishwashing brushes, and floor brushes; Brush-making materials; Articles for cleaning purposes, namely, sponges, rags, pads, and cloths; Unworked or semi-worked glass, except building glass; cosmetic and toilet utensils, other than electric tooth brushes, namely, cosmetic brushes and cosmetic spatulas; Ice pails; Pepper pots, sugar bowls and salt shakers, not of precious metal; Cooking strainers; Colanders; Shaker bottles, sold empty; Basting spoons for kitchen use; Japanese style cooked rice scoops (Shamoji); Cooking funnels; Pestles (Japanese style wooden pestles (Surikogi)); Mortars for kitchen use; Japanese style personal dining trays or stands (Zen); Radish graters; Tart servers; Tart scoops; Napkin holders and napkin rings, not of precious metal; Pan-mats; Chopsticks; Chopstick cases; Ladles and dippers; hand-operated cooking sieves and sifters; kitchen utensils namely, spatulas; Toothpicks; Toothpick holders, not of precious metal; Lemon squeezers ; Waffle irons, non-electric; Hand-operated coffee grinders and pepper mills; Grills in the nature of cooking utensils; Non-electric peeling machines for household use in the preparation of food; Tableware in the nature of coffee services; Bottle openers; Spatulas for removing stains; Cleaning articles and cleaning instruments, non-electric, namely, squeegees, rags, and mitts of fabric for cleaning; Whisks, non-electric; Cabarets (trays), not of precious metal; Rolling pins, for cooking purposes; Egg cups, not of precious metal; Cooking graters

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Applicant advises that none of the goods in Class 21 are being deleted. Rather, Applicant is amending the goods herewith to indicate that some of the goods are being amended to Section 1(a) and to indicate a filing basis of Section 44. A Petition to Amend the Filing Basis to add Section 44 is being filed concurrently with the Statement of Use.

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: (Based on Use in Commerce) Frying pans, non-electric; cooking pans, non-electric; thermal insulated containers for food or beverage; vacuum mugs; insulated mugs; chopping boards for kitchen use; pepper mills, hand-operated; vacuum bottles; wide-mouthed insulating jars; soup jars; heat and cold insulation drinking flasks; Household or kitchen utensils, namely, cutting boards for the kitchen; Radish graters; Hand-operated coffee grinders and pepper mills; Non-electric peeling machines for household use in the preparation of food; Spatulas for removing stains; Cooking graters; (Based on Section 44(e)) Frying pans, non-electric; Unworked or semi-worked glass, not for building; industrial packaging containers of glass or porcelain; cooking pans, non-electric; thermal insulated containers for food or beverage; dinnerware, other than knives, forks and spoons; lunch-boxes; heat and cold insulation lunch-boxes; drinking glasses, namely, tumblers; vacuum mugs; insulated mugs; chopping boards for kitchen use; pepper mills, hand-operated; sugar tongs; nutcrackers; food preserving jars of glass; drinking flasks for travelers; mug bottles, sold empty; vacuum bottles; wide-mouthed insulating jars; soup jars; heat and cold insulation drinking flasks; cleaning tools for washing utensils, namely, cleaning brushes and sponges; Household or kitchen utensils, namely, kitchen tongs, turners, covers for frying pans and cutting boards for the kitchen; Combs and toiletry sponges; Brushes, namely, cosmetic brushes, dishwashing brushes, and floor brushes; Brush-making materials; Articles for cleaning purposes, namely, sponges, rags, pads, and cloths; Unworked or semi-worked glass, except building glass; cosmetic and toilet utensils, other than electric tooth brushes, namely, cosmetic brushes and cosmetic spatulas; Ice pails; Pepper pots, sugar bowls and salt shakers, not of precious metal; Cooking strainers; Colanders; Shaker bottles, sold empty; Basting spoons for kitchen use; Japanese style cooked rice scoops (Shamoji); Cooking funnels; Pestles (Japanese style wooden pestles (Surikogi)); Mortars for kitchen use; Japanese style personal dining trays or stands (Zen); Radish graters; Tart servers; Tart scoops; Napkin holders and napkin rings, not of precious metal; Pan-mats; Chopsticks; Chopstick cases; Ladles and dippers; hand-operated cooking sieves and sifters; kitchen utensils namely, spatulas; Toothpicks; Toothpick holders, not of precious metal; Lemon squeezers ; Waffle irons, non-electric; Hand-operated coffee grinders and pepper mills; Grills in the nature of cooking utensils; Non-electric peeling machines for household use in the preparation of food; Tableware in the nature of coffee services; Bottle openers; Spatulas for removing stains; Cleaning articles and cleaning instruments, non-electric, namely, squeegees, rags, and mitts of fabric for cleaning; Whisks, non-electric; Cabarets (trays), not of precious metal; Rolling pins, for cooking purposes; Egg cups, not of precious metal; Cooking graters
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/20/2017, and first used in commerce at least as early as 06/01/2017, 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) screenshots of Applicant's website that displays the mark, offers a description of the goods, and allows consumers to obtain the goods (an icon of a cart is next to the product on the screenshots).

Original PDF file:
SPN0-6413216945-20200421152011131005_._1._Frying_pans__non-electric.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._2._thermal_insulated_containers_for_food_or_beverage.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._3._chopping_boards_for_kitchen_use.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._4._pepper_mills__hand-operated.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._5._Radish_graters.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._6._Hand-operated_coffee_grinders_and_pepper_mills.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._eeling_machines_for_household_use_in_the_preparation_of_food.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-6413216945-20200421152011131005_._8._Spatulas_for_removing_stains.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. MISCELLANEOUS STATEMENTS
Applicant advises that the date of first use in U.S. commerce for "frying pans, non-electric" was at least as early as October 1, 2011. Applicant advises that the date of first use in U.S. commerce for "cooking pans, non-electric" was at least as early as November 1, 2007. Applicant advises that the date of first use in U.S. commerce for "chopping boards for kitchen use" and "household or kitchen utensils, namely, cutting boards for the kitchen" was at least as early as December 1, 2005. Applicant advises that the date of first use in U.S. commerce for "pepper mills, hand-operated" as at least as early as September 1, 2001. Applicant advises that the date of first use in U.S. commerce for "radish graters" was at least as early as December 1, 1995. Applicant advises that the date of first use in U.S. commerce for "Hand-operated coffee grinders and pepper mills" was at least as early as November 1, 2005. Applicant advises that the date of first use in U.S. commerce for "non-electric peeling machines for household use in the preparation of food" was at least as early as 1994. Applicant advises that the date of first use in U.S. commerce for "spatulas for removing stains" was at least as early as July 1, 1994. Applicant advises that the date of first use in U.S. commerce for "cooking graters" was at least as early as 1998. Applicant also advises that additional evidence of use of the mark was provided at the time of filing and is currently of record.


The owner's/holder's current attorney information: Sarah G. Voeller. Sarah G. Voeller of HAMRE, SCHUMANN, MUELLER & LARSON, P.C., is located at

      45 SOUTH SEVENTH STREET, SUITE 2700
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 20783.25US01.

The phone number is 612-455-3800.

The fax number is 612.455.3801.

The email address is trademark@hsml.com

The owner's/holder's proposed attorney information: Sarah G. Voeller. Other appointed attorneys are James A. Larson, Sandra Epp Ryan, Zhi Dong. Sarah G. Voeller of HAMRE, SCHUMANN, MUELLER & LARSON, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      45 SOUTH SEVENTH STREET, SUITE 2700
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 20783.25US01.

The phone number is 612-455-3800.

The fax number is 612.455.3801.

The email address is trademark@hsml.com

Sarah G. Voeller 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.Correspondence Information (current):
      SARAH G. VOELLER
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@hsml.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20783.25US01.
Correspondence Information (proposed):
      Sarah G. Voeller
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@hsml.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hmccarty@hsml.com

The docket/reference number is 20783.25US01.

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 $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: /Sarah G. Voeller/      Date Signed: 04/21/2020
Signatory's Name: Sarah G. Voeller
Signatory's Position: Attorney of record, MN bar member
Signatory's Phone: 612.455.3800

Mailing Address:
   HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
   
   45 SOUTH SEVENTH STREET, SUITE 2700
   MINNEAPOLIS, Minnesota 55402

RAM Sale Number: 88400581
RAM Accounting Date: 04/21/2020

Serial Number: 88400581
Internet Transmission Date: Tue Apr 21 17:18:00 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2020042117180073
5755-88400581-71034e1908bd57d7fb42a9f7c4
93e8d937d1aec253d5363878ec3138ec7bd68a03
9-DA-18006112-20200421152011131005