Amendment to Allege 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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: LEAF (Stylized and/or with Design, see http://uspto.report/TM/88477745/mark.png)
SERIAL NUMBER: 88477745



The applicant, Swisher International, Inc., having an address of
      459 EAST 16TH STREET
      Jacksonville, Florida 32206
      United States
is submitting the following allegation of use information:

For International Class 034:
Current identification: Cigars

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 05/28/2019, and first used in commerce at least as early as 05/28/2019, 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) Picture of the mark affixed to product packaging on an e-commerce website.

JPG file(s):
Specimen File1
Original PDF file:
SPN0-21621119458-20191113170631921851_._AF_Cigars_-_Sweet_Aromatic_Pre-Priced___Florida_Tobacco_Shop.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form.
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: /DCL/      Date Signed: 11/13/2019
Signatory's Name: Donald C. Lucas
Signatory's Position: Attorney of record, New York Bar Member
Signatory's Phone: 2126618000

RAM Sale Number: 88477745
RAM Accounting Date: 11/13/2019

Serial Number: 88477745
Internet Transmission Date: Wed Nov 13 17:15:54 EST 2019
TEAS Stamp: USPTO/AAU-XXX.XXX.XXX.XX-201911131715543
83937-88477745-7001c5f7bf07cc1fec2aee4e8
e81d3c774bc56f47650567564010f6ef52bdb1-C
C-15536642-20191113170631921851