Statement of Use

PTO- 1553

Approved for use through 03/31/2024. 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 03/31/2024. 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: GEMINI(Standard Characters, see http://uspto.report/TM/88849324/mark.png)
SERIAL NUMBER: 88849324


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Primary Arms, L.L.C., having an address of
      3219 S. Sam Houston Pkwy. E., Suite 100
      Houston, Texas 77047
      United States
      Phone: 713-344-9600 x1138
      Fax: 713-436-9194
      Email: XXXX
Proposed: Primary Arms, L.L.C., having an address of
      3219 S. Sam Houston Pkwy E
      Houston, Texas 77047
      United States
      Phone: 713-344-9600 x1138
      713-436-9194
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Reticles as a component feature of an optical lens scope for rifle, gun, and firearms; Prismatic telescopic sights, namely, prism rifle scopes for use with firearms; Telescopic sights, namely, rifle scopes for use with firearms; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; Gun scopes; Spotting scopes; Optical lens sights; Tactical laser sights; handheld Laser range finder for hunting and shooting purposes; built-in laser range finder for telescopic sights; Firearm attachments, namely, mounts for attaching telescopic sights, gun sights, magnifiers, flashlights, laser aiming devices to a firearm; Thermo imaging cameras for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and telescopic gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Battery-powered motion sensors as a component part of rifle and gun scopes

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: ; Prismatic telescopic sights, namely, prism rifle scopes for use with firearms; Telescopic sights, namely, rifle scopes for use with firearms; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; Gun scopes; Spotting scopes; Optical lens sights; Tactical laser sights; handheld Laser range finder for hunting and shooting purposes; built-in laser range finder for telescopic sights; Firearm attachments, namely, mounts for attaching telescopic sights, gun sights, magnifiers, flashlights, laser aiming devices to a firearm; Thermo imaging cameras for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and telescopic gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Battery-powered motion sensors as a component part of rifle and gun scopes.

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: Reticles as a component feature of an optical lens scope for rifle, gun, and firearms
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/22/2021, and first used in commerce at least as early as 01/22/2021, 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) webpage.

Original PDF file:
SPN0-14920195186-20210428 102803112992_._Primary_Ar ms_GLx_2X_Prism_with_ACSS _Gemini_9mm_Reticle.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: http://www.primaryarms.com/primary-arms-glx-2x-prism-scope-with-acss-gemini-9mm-reticle
Webpage Date of Access: 04/28/2021

For International Class 013:
Current identification: Component parts for guns; non-telescopic gun sights for firearms equipped with illuminated reticles; Protective lens covers for use on nontelescopic gun sights; firearm attachments, namely, clamps for attaching accessories to a firearm; rifle mounts, namely, mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms

All ITU goods/services in this class are to be deleted


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Primary Arms, L.L.C.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhenry@primaryarms.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): admin@primaryarmsoptics.com
Correspondence Information (proposed):
      Primary Arms, L.L.C.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhenry@primaryarms.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): admin@primaryarmsoptics.com

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: //Marshall Lerner//      Date Signed: 04/30/2021
Signatory's Name: Marshall Lerner
Signatory's Position: Chief Executive Officer
Signatory's Phone: 7133449595
Signature method: Sent to third party for signature

PAYMENT: 88849324
PAYMENT DATE: 04/30/2021

Serial Number: 88849324
Internet Transmission Date: Fri Apr 30 17:17:09 ET 2021
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-202104301717092
08448-88849324-7807b6e6c7668b1a46ac44ca5
d0ea674134c4ba61f96b0f38c895362b39aaeb06
f-CC-17062335-20210428102803112992