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: GIVE A FLAKE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88023560/large)
SERIAL NUMBER: 88023560
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Aspen Skiing Company, having an address of
      P.O. Box 1248
      Aspen, Colorado 81612
      United States
is submitting the following allegation of use information:

For International Class 014:
Current identification: Keychains; jewelry; clocks; ornamental lapel pins

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 09/01/2018, and first used in commerce at least as early as 09/01/2018, 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) photographic image of the product showing the mark in connection with the goods.
Specimen File1


For International Class 016:
Current identification: Illustrations; photographic prints; postcards; decals and stickers; pen or pencil holders

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 09/01/2018, and first used in commerce at least as early as 09/01/2018, 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) photographic image of the sticker showing the mark in connection with the goods.
Specimen File1


For International Class 018:
Current identification: Woven fabric tote bags

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 09/01/2018, and first used in commerce at least as early as 09/01/2018, 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) photographic image of the product showing the mark in connection with the goods.
Specimen File1


For International Class 021:
Current identification: Mugs; coasters made of stone; household and kitchen goods, namely, drinking glasses, shot glasses, bottle openers, wine openers

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 09/01/2018, and first used in commerce at least as early as 09/01/2018, 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) photographic image of the product showing the mark in connection with the goods.
Specimen File1


For International Class 025:
Current identification: Clothing, namely, base layers, vests, shirts, t-shirts, sweatshirts, robes, bathrobes, jackets, ski pants, cycling jerseys, socks, belts, gloves; headwear, namely, visors, caps, hats and beanies; footwear

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 09/01/2018, and first used in commerce at least as early as 09/01/2018, 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) photographic image of the product showing the mark in connection with the goods.
Specimen File1


For International Class 041:
Current identification: Ski and snowboard resort services; entertainment services in the nature of providing adventure park facilities, activities and programs; summer resort services, namely, providing recreational facilities for hiking, cycling, mountain biking, fishing, golfing, paragliding, tennis, climbing, camping; providing outdoor live music concerts; providing a website featuring information about recreational ski, snow sport, mountain, recreational, and summer resort services, and access pass and ticket programs, namely, recreational and leisure activities information on sporting facilities at a resort

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 09/01/2018, and first used in commerce at least as early as 09/01/2018, 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) Applicant's website pages and advertisements showing the mark in connection with the services.

Original PDF file:
SPN5-20498180251-20190930191924646813_._Class_41_Specimen__2_.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPN5-20498180251-20190930191924646813_._Class_41_Specimen__3_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN5-1-20498180251-20190930191924646813_._Class_41_Specimen__1_.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 043:
Current identification: Hotel and guest hospitality services, namely, restaurant resort services offering food and lodging that promote the health and well-being of patrons; bar, café, cocktail lounge and restaurant services, including sit-down services of food and take-out restaurant services; catering services

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


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: 14, 16, 18, 21, 25, 41
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: 43

The applicant's current attorney information: Ian L. Saffer. Ian L. Saffer of ADSERO IP, is located at

      8210 SOUTHPARK TERRACE
      LITTLETON, Colorado 80120
      United States

The phone number is 303-268-0066.

The fax number is 303-268-0065.

The email address is efs@AdseroIP.com

The applicants proposed attorney information: Ian L. Saffer. Ian L. Saffer of ADSERO IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      8210 SOUTHPARK TERRACE
      LITTLETON, Colorado 80120
      United States
The docket/reference number is 0964.83-TM.

The phone number is 303-268-0066.

The fax number is 303-268-0065.

The email address is efs@AdseroIP.com

Ian L. Saffer 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: Ian L. Saffer. Ian L. Saffer of ADSERO IP, is located at

      8210 SOUTHPARK TERRACE
      LITTLETON, Colorado 80120
      United States

The phone number is 303-268-0066.

The fax number is 303-268-0065.

The email address is efs@AdseroIP.com

The applicants proposed correspondence information: Ian L. Saffer. Ian L. Saffer of ADSERO IP, is located at

      8210 SOUTHPARK TERRACE
      LITTLETON, Colorado 80120
      United States
The docket/reference number is 0964.83-TM.

The phone number is 303-268-0066.

The fax number is 303-268-0065.

The email address is efs@AdseroIP.com

A fee payment in the amount of $600 will be submitted with the form, representing payment for the allegation of use for 6 classes.

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: /PT/      Date Signed: 10/01/2019
Signatory's Name: Patrick Tierney
Signatory's Position: Corporate Counsel

Request to Divide Signature


Signature: /ils/    Date: 10/01/2019
Signatory's Name: Ian Saffer
Signatory's Position: Attorney of record, Colorado bar member


Mailing Address:
   ADSERO IP
   
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado 80120

RAM Sale Number: 88023560
RAM Accounting Date: 10/01/2019

Serial Number: 88023560
Internet Transmission Date: Tue Oct 01 13:01:39 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-201910011301394
03442-88023560-610de2e30238f7f067f59cc53
ef2bfdaba623baac9114b0a2f2de98e63335ca62
-CC-01383907-20190930191924646813