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: ECOTONE(Standard Characters, see http://uspto.report/TM/88406710/mark.png)
SERIAL NUMBER: 88406710


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Bittner & Compnay LLC, having an address of
      115 Dahlia Street
      St. Helena, California 94574
      United States
Proposed: Bittner & Company LLC, having an address of
      115 Dahlia Street
      St. Helena, California 94574
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 031:
Current identification: Fresh wine grapes

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 10/03/2019, and first used in commerce at least as early as 10/03/2019, 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) Weigh tag delivered to winery with bulk wine grapes.

Original PDF file:
SPN0-10715466-20200406170133176348_._ECO_-_10.03.19_ME_Blk_9_Summit_Lake.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Owner's name has been updated to Bittner & Company LLC to correct spelling of "Company."


The owner's/holder's current attorney information: J. Scott Gerien. J. Scott Gerien of DICKENSON, PEATMAN & FOGARTY, is located at

      1455 FIRST STREET, SUITE 301
      NAPA, California 94559
      United States
The docket/reference number is BITT1-002.

The phone number is 707-252-7122.

The fax number is 707-255-6876.

The email address is tmdept@dpf-law.com

The owner's/holder's proposed attorney information: J. Scott Gerien. Other appointed attorneys are Katja Loeffelholz; Christopher J. Passarelli; Joy L. Durand, Brett Leininger. J. Scott Gerien of DICKENSON, PEATMAN & FOGARTY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1455 FIRST STREET, SUITE 301
      NAPA, California 94559
      United States
The docket/reference number is BITT1-002.

The phone number is 707-252-7122.

The fax number is 707-255-6876.

The email address is tmdept@dpf-law.com

J. Scott Gerien 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):
      J. SCOTT GERIEN
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdept@dpf-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is BITT1-002.
Correspondence Information (proposed):
      J. Scott Gerien
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdept@dpf-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is BITT1-002.

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: /F. John Bittner/      Date Signed: 04/07/2020
Signatory's Name: Bittner, F. John
Signatory's Position: Member
Signatory's Phone: 707.287.2703

Mailing Address:
   DICKENSON, PEATMAN & FOGARTY
   
   1455 FIRST STREET, SUITE 301
   NAPA, California 94559

RAM Sale Number: 88406710
RAM Accounting Date: 04/07/2020

Serial Number: 88406710
Internet Transmission Date: Tue Apr 07 15:00:24 ET 2020
TEAS Stamp: USPTO/SOU-XXX.X.XX.XX-202004071500245755
23-88406710-7101bdb2b5f5b5c5d1985e152b93
99752f2cf7fedeb24a27bc5acb31a7287b8a-DA-
00243508-20200406191454565511