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: FRY BOMB GUARANTEE(Standard Characters, see http://uspto.report/TM/88736885/mark.png)
SERIAL NUMBER: 88736885


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Checkers Drive-In Restaurants, Inc., having an address of
      4300 West Cypress Street, Suite 600
      Tampa, Florida 33607
      United States
Proposed: Checkers Drive-In Restaurants, Inc., having an address of
      4300 West Cypress Street, Suite 600
      Tampa, Florida 33607
      United States
      Phone: 813-283-7050
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 029:
Current identification: French fries

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 04/09/2020, and first used in commerce at least as early as 04/09/2020, 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) point of sale display sign at restaurant drive-thru using the mark where the goods may be purchased.
Specimen File1


For International Class 043:
Current identification: Restaurant services

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 04/09/2020, and first used in commerce at least as early as 04/09/2020, 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) image of sign at restaurant drive-thru showing the mark in connection with the services.
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: Manuel Valcarcel, Esq.. Manuel Valcarcel, Esq. of GREENBERG TRAURIG, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      333 S.E. 2ND AVENUE, 44TH FLOOR
      MIAMI, Florida 33131
      United States
The docket/reference number is 107303.01290.

The phone number is 305-579-0812.

The fax number is 3059615812.

The email address is ipmiami@gtlaw.com

The owner's/holder's proposed attorney information: Manuel Valcarcel, Esq.. Manuel Valcarcel, Esq. of GREENBERG TRAURIG, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      333 S.E. 2ND AVENUE, 44TH FLOOR
      MIAMI, Florida 33131
      United States
The docket/reference number is 107303012900.

The phone number is 305-579-0812.

The fax number is 305-961-5812.

The email address is ipmiami@gtlaw.com

Manuel Valcarcel, Esq. 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):
      MANUEL VALCARCEL, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: ipmiami@gtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Manuel Valcarcel, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: ipmiami@gtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 107303012900.

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: /Vincent C. Brockman/      Date Signed: 09/15/2020
Signatory's Name: Vincent C. Brockman
Signatory's Position: Senior Vice President and General Counsel
Signatory's Phone: 813-283-7050

Mailing Address:
   GREENBERG TRAURIG, P.A.
   
   333 S.E. 2ND AVENUE, 44TH FLOOR
   MIAMI, Florida 33131

RAM Sale Number: 88736885
RAM Accounting Date: 09/16/2020

Serial Number: 88736885
Internet Transmission Date: Wed Sep 16 08:26:01 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20200916082601
340454-88736885-7505f82848f63573ee6da3ed
6e82e79e4de6f42b7d299cce53a7482af576d64e
ae-DA-26003418-20200915151255938702