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: BREATHE(Standard Characters, see http://uspto.report/TM/88425092/mark.png)
SERIAL NUMBER: 88425092


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Edgewell Personal Care Brands, LLC, having an address of
      6 Research Drive
      Shelton, Connecticut 06484
      United States
Proposed: Edgewell Personal Care Brands, LLC, having an address of
      6 Research Drive
      Shelton, Connecticut 06484
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: Panty liners; Sanitary pads

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 02/24/2020, and first used in commerce at least as early as 02/24/2020, 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) photograph of the product.

Original PDF file:
SPN0-652204518-20200305094328328707_._BREATHE_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Kristin H. Altoff. Kristin H. Altoff of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTN: TMSU
      1111 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 043987.2021.

The phone number is 202-739-5093.

The fax number is 202-739-3001.

The email address is trademarks@morganlewis.com

The owner's/holder's proposed attorney information: Kristin H. Altoff. Other appointed attorneys are the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS and REBECCA E. MCDOUGALL, members of the District of Columbia Bar and RACHEL FERTIG, member of the New York Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY and SHARON R. SMITH, members of the California Bar, PETER BYRNE, member of the California Bar and Massachusetts Bar, and GENE K. PARK, member of the District of Columbia Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and SARAH PAIGE, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP. Kristin H. Altoff of MORGAN, LEWIS & BOCKIUS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ATTN: TMSU
      1111 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 043987.2021.

The phone number is 202-739-5093.

The fax number is 202-739-3001.

The email address is trademarks@morganlewis.com

Kristin H. Altoff 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):
      KRISTIN H. ALTOFF
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Kristin H. Altoff
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kristin.altoff@morganlewis.com; seth.rappaport@morganlewis.com; felicia.gordon@morganlewis.com

The docket/reference number is 043987.2021.

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: /Kristin H. Altoff/      Date Signed: 03/05/2020
Signatory's Name: Kristin H. Altoff
Signatory's Position: Attorney of Record, DC and VA Bar Member
Signatory's Phone: 202-739-5093

Mailing Address:
   MORGAN, LEWIS & BOCKIUS LLP
   ATTN: TMSU
   1111 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004

RAM Sale Number: 88425092
RAM Accounting Date: 03/05/2020

Serial Number: 88425092
Internet Transmission Date: Thu Mar 05 10:54:05 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20200305105405096
797-88425092-710f9ab7274aab63a91b66df1b8
2727b1bcfee8b72a89e5fb0343c6188d85c9f5-D
A-54048421-20200305094328328707