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: ARCADIUS GARDEN(Standard Characters, see http://uspto.report/TM/88436063/mark.png)
SERIAL NUMBER: 88436063


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Network Metals LLC, having an address of
      888 Clubhouse Road
      Woodmere, New York 11598
      United States
Proposed: Network Metals LLC, having an address of
      888 Clubhouse Road
      Woodmere, New York 11598
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 008:
Current identification: Gardening tools and children's gardening tools, namely, shovels, rakes, hoes, hand-operated lawn edgers, bulb planters, pitchforks and pruning shears

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: pruning shears

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: Gardening tools and children's gardening tools, namely, shovels, rakes, hoes, hand-operated lawn edgers, bulb planters and pitchforks
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/06/2020, and first used in commerce at least as early as 03/06/2020, 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) Amazon.com webpages showing ARCADIUS GARDEN in connection with rake, garden tools and shovel.
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Steven Stern. Steven Stern of STERN & SCHURIN LLP, is located at

      595 STEWART AVENUE, SUITE 510
      GARDEN CITY, New York 11530
      United States
The docket/reference number is 10003.228.

The fax number is 5162830277.

The email address is sstern@sternschurin.com

The owner's/holder's proposed attorney information: Steven Stern. Other appointed attorneys are Richard Schurin, Penina Green, Megan Abner. Steven Stern of STERN & SCHURIN 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

      595 STEWART AVENUE, SUITE 510
      GARDEN CITY, New York 11530
      United States
The docket/reference number is 10003.228.

The phone number is 5162480300.

The fax number is 5162830277.

The email address is sstern@sternschurin.com

Steven Stern 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):
      STEVEN STERN
      PRIMARY EMAIL FOR CORRESPONDENCE: sstern@sternschurin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rschurin@sternschurin.com; info@sternschurin.com; pgreen@sternschurin.com
Correspondence Information (proposed):
      Steven Stern
      PRIMARY EMAIL FOR CORRESPONDENCE: sstern@sternschurin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rschurin@sternschurin.com; info@sternschurin.com; pgreen@sternschurin.com

The docket/reference number is 10003.228.

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: /Steven Stern/      Date Signed: 03/06/2020
Signatory's Name: Steven Stern
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone: 5162480300

Mailing Address:
   STERN & SCHURIN LLP
   
   595 STEWART AVENUE, SUITE 510
   GARDEN CITY, New York 11530

RAM Sale Number: 88436063
RAM Accounting Date: 03/06/2020

Serial Number: 88436063
Internet Transmission Date: Fri Mar 06 17:07:40 ET 2020
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20200306170740942
728-88436063-7100e224bf87b3d8890fb50d596
97ce65d294df3b54ed59cdb91b9a57d6a118-CC-
07390671-20200306170322546079