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: FLYWEIGHT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88077031/large)
SERIAL NUMBER: 88077031
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Simms Fishing Products LLC, having an address of
      177 Garden Drive
      Bozeman, Montana 59718
      United States
is submitting the following allegation of use information:

For International Class 018:
Current identification: Backpacks, chest packs, fanny packs, all-purpose sport bags, all-purpose athletic bags, all-purpose carrying bags, travel bags, duffel bags, roll bags, wallets, fishing wader bags for travel, and luggage, namely, roller luggage

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 025:
Current identification: Clothing, namely, coats, overalls, neckties, t-shirts, hoodies, sweaters, long underwear, boxer shorts, board shorts, pullovers, zip-tops, crew tops, sweatshirts, dresses, skirts, skorts, capris, outdoor mittens, gaiters, sun gaiters, arm gaiters, jackets, rainwear, pants, belts, bibs not of paper, shirts, tops, fleece tops and bottoms, shorts, gloves, socks, hats, caps, beanies, and balaclavas; footwear, namely, boat shoes, sneakers, flip-flops, rugged casual boots and shoes, rubber boots, wading boots and sandals; wading boot cleats and wading boot studs

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 either being permanently deleted or included in a Request to Divide: Clothing, namely, coats, overalls, neckties, t-shirts, hoodies, sweaters, long underwear, boxer shorts, board shorts, pullovers, zip-tops, crew tops, sweatshirts, dresses, skirts, skorts, capris, outdoor mittens, gaiters, sun gaiters, arm gaiters, jackets, rainwear, pants, belts, bibs not of paper, shirts, tops, fleece tops and bottoms, shorts, gloves, socks, hats, caps, beanies, and balaclavas; footwear, namely, boat shoes, sneakers, flip-flops, rugged casual boots and shoes, rubber boots, and sandals; wading boot cleats and wading boot studs

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: Wading boots
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/30/2019, and first used in commerce at least as early as 01/30/2019, 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) Screenshots of web order page.
Specimen File1
Specimen File2


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Wading boots (Class 025)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Clothing, namely, coats, overalls, neckties, t-shirts, hoodies, sweaters, long underwear, boxer shorts, board shorts, pullovers, zip-tops, crew tops, sweatshirts, dresses, skirts, skorts, capris, outdoor mittens, gaiters, sun gaiters, arm gaiters, jackets, rainwear, pants, belts, bibs not of paper, shirts, tops, fleece tops and bottoms, shorts, gloves, socks, hats, caps, beanies, and balaclavas; footwear, namely, boat shoes, sneakers, flip-flops, rugged casual boots and shoes, rubber boots, and sandals; wading boot cleats and wading boot studs (Class 025); Class 018

The applicant's current attorney information: Antoinette M. Tease. Antoinette M. Tease of ANTOINETTE M. TEASE, P.L.L.C., is located at

      PO BOX 51016
      BILLINGS, Montana 59105
      United States

The phone number is 406-294-9000.

The fax number is 4062949002.

The email address is toni@teaselaw.com

The applicants proposed attorney information: Antoinette M. Tease. Antoinette M. Tease of ANTOINETTE M. TEASE, P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 1902
      BILLINGS, Montana 59103
      United States

The phone number is 406-294-9000.

The fax number is 4062949002.

The email address is toni@teaselaw.com

Antoinette M. Tease 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.
The applicant's current correspondence information: ANTOINETTE M. TEASE. ANTOINETTE M. TEASE of ANTOINETTE M. TEASE, P.L.L.C., is located at

      
      PO, BOX 51016
      United States

The phone number is 406-294-9000.

The fax number is 4062949002.

The email address is toni@teaselaw.com

The applicants proposed correspondence information: ANTOINETTE M. TEASE. ANTOINETTE M. TEASE of ANTOINETTE M. TEASE, P.L.L.C., is located at

      PO BOX 1902
      BILLINGS, Montana 59103
      United States

The phone number is 406-294-9000.

The fax number is 4062949002.

The email address is toni@teaselaw.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


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: /Antoinette M. Tease/      Date Signed: 09/05/2019
Signatory's Name: Antoinette M. Tease
Signatory's Position: Attorney
Signatory's Phone: 4062949000

Request to Divide Signature


Signature: /Antoinette M. Tease/    Date: 09/05/2019
Signatory's Name: Antoinette M. Tease
Signatory's Position: Attorney

Signatory's Phone: 4062949000

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


Mailing Address:
   ANTOINETTE M. TEASE, P.L.L.C.
   
   PO BOX 1902
   BILLINGS, Montana 59103

RAM Sale Number: 88077031
RAM Accounting Date: 09/05/2019

Serial Number: 88077031
Internet Transmission Date: Thu Sep 05 19:08:13 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20190905190813
033517-88077031-61014c0cbf3cd29a0b9605ad
97a332c4338b1d1707bc75aed325022f1611d56f
a85-CC-08113159-20190905185839269898