Statement of Use

PTO- 1553

Approved for use through 12/31/2020. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 12/31/2020. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: ELEVATE(Standard Characters, see http://uspto.report/TM/88718368/mark.png)
SERIAL NUMBER: 88718368


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: MOTIS Brands, Inc., having an address of
      N102W19400 Willow Creek Way
      Germantown, Wisconsin 53022
      United States
      Email: XXXX
Proposed: MOTIS Brands, Inc., having an address of
      N102W19400 Willow Creek Way
      Germantown, Wisconsin 53022
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 007:
Current identification: Storage hoists for vehicles for bikes, kayaks, and SUPs; hydraulic cranes

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 08/10/2020, and first used in commerce at least as early as 08/10/2020, 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) The specimens consist of screenshots of a website featuring the mark in association with the goods at the point of sale of the goods..
Specimen File1
Specimen File2


Webpage URL: http://www.discountramps.com/truck-bed-crane/p/S-CRANE-1000/ ; http://www.discountramps.com/bicycle/storage-racks/p/BL-71122/
Webpage Date of Access: 02/11/2021

For International Class 012:
Current identification: Cargo carriers for vehicles; roof cargo bags, boxes and baskets being cargo storage bins especially adapted to fit on vehicles, namely, cars, SUVs, and trucks; roof racks for vehicles; vehicle roof rack accessories, namely, cross bars, cargo carriers, trunk bags, boxes, baskets being cargo storage bins, ski carriers, snowboard carriers, kayak carriers, canoe carriers, foam block canoe carriers, SUP carriers, and bike carriers, all especially adapted to fit on vehicles; luggage cargo nets for vehicles; towing apparatus for vehicles, namely, hitch pins and hitch stabilizer brackets; storage racks for vehicles for bikes, kayaks, and SUPs; wheeled dollies for SUPs, boats, canoes, and trailers; truck bed mounted bike racks, utility racks being truck bed storage organizers, cargo bars, and tie rings being hardware made of non-precious metal, all especially adapted for mounting in a truck bed; non-skid devices for vehicles tires, namely, traction pads and traction mats; hitch mounted cargo carriers, namely, cargo baskets being cargo storage bins, cargo carriers, bike racks, truck bed extenders, all especially adapted to fit on a vehicle hitch receiver; ball hitches, hitch adapters, and steps for attachment to vehicles, all especially adapted to fit on a vehicle hitch receiver; rear mounted carriers, namely, bike carriers especially adapted to fit on a vehicle hitch receiver; rear mounted carriers, namely, bike carriers especially adapted to secure to a vehicle; headache racks especially adapted to secure to a vehicle; seats for kayaks, fitted covers for vehicles and parts of vehicles, namely, for personal water craft and hitch mounted cargo baskets

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 08/10/2020, and first used in commerce at least as early as 08/10/2020, 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) The specimens consist of screenshots of a website featuring the mark affixed to the goods and in association with the goods at the point of sale of the goods..
Specimen File1
Specimen File2


Webpage URL: http://www.discountramps.com/automotive/roof/baskets/p/RB-10101218/ ; http://www.discountramps.com/paddling/canoe-kayak/p/TBE-48/
Webpage Date of Access: 02/11/2021

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Benjamin R. Imhof
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@andruslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bimhoff@andruslaw.com; jillj@andruslaw.com
Correspondence Information (proposed):
      Benjamin R. Imhof
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@andruslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bimhoff@andruslaw.com; jillj@andruslaw.com

The docket/reference number is 5137-00193.

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 $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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: /Benjamin R. Imhoff/      Date Signed: 02/11/2021
Signatory's Name: Benjamin R. Imhoff
Signatory's Position: Attorney of Record - WI State Bar Member
Signature method: Signed directly within the form

PAYMENT: 88718368
PAYMENT DATE: 02/11/2021

Serial Number: 88718368
Internet Transmission Date: Thu Feb 11 17:43:24 ET 2021
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20210211174324397
684-88718368-760c850e9a8a975ab33be725620
5949594539da271fca9b753b1c8a618abfa8fc2a
-CC-43212473-20210211171208356620