Amendment to Allege Use

FLYER

Kitty Hawk Corporation

Trademark/Service Mark Amendment to Allege 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)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88065277
LAW OFFICE ASSIGNED LAW OFFICE 106
EXTENSION OF USE NO
MARK SECTION
MARK FILE NAME http://tmng-al.gov.uspto.report/resting2/api/img/88065277/large
LITERAL ELEMENT FLYER
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
MISCELLANEOUS STATEMENTS SECTION
MISCELLANEOUS STATEMENT There were errors in the Allegation of Use filed on November 11, 2019. The correct description of goods as revised for this Allegation of Use is "Aircraft" (Class 12). Applicant requests the following amendment to Class 39, "Air transportation services" to remain as 1(b) and divided out with the Class 41 services. Please refund the $200 Allegation of Use and Request to Divide fees paid on November 11, 2019.
OWNER SECTION
NAME Kitty Hawk Corporation
STREET 821 San Antonio Road
CITY Palo Alto
STATE California
ZIP/POSTAL CODE 94303
COUNTRY United States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 012
CURRENT IDENTIFICATION Air or water vehicles; land vehicles; vehicles for travel by land, air, or water
GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A REQUEST TO DIVIDE Air or water vehicles; land vehicles; vehicles for travel by land, air, or water
GOODS OR SERVICES IN USE IN COMMERCE Aircraft
FIRST USE ANYWHERE DATE 07/17/2017
FIRST USE IN COMMERCE DATE 07/17/2017
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-241623252-20191112153959517829_._FLYER_specimen.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\889\762\88976295\LM2Copy\88065277\1\AAU15\AAU2.JPG
SPECIMEN DESCRIPTION a photograph of the goods prominently displaying the mark
INTERNATIONAL CLASS 039
CURRENT IDENTIFICATION Air and land transportation services
GOODS OR SERVICES DELETE ALL ITU GOODS/SERVICES IN THIS CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE
INTERNATIONAL CLASS 041
CURRENT IDENTIFICATION providing recreational aviation flights in aircraft
GOODS OR SERVICES DELETE ALL ITU GOODS/SERVICES IN THIS CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE
REQUEST TO DIVIDE YES
GOOD(S)/SERVICE(S) IN USE Aircraft (Class 12)
GOOD(S)/SERVICES INTENT TO USE Air transportation services (Class 39); Class 41
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
REQUEST TO DIVIDE FEE 100
NUMBER OF CLASSES REQUIRING NEW APPLICATION FEE 2
SUBTOTAL AMOUNT [NEW APPLICATION FEE] 550
TOTAL AMOUNT 750
SIGNATURE SECTION
DECLARATION SIGNATURE /Alex Roetter/
SIGNATORY'S NAME Alex Roetter
SIGNATORY'S POSITION President
DATE SIGNED 11/12/2019
SIGNATORY'S PHONE NUMBER not required
REQUEST TO DIVIDE SIGNATURE /John Slafsky/
SIGNATORY'S NAME John Slafsky
SIGNATORY'S POSITION Attorney of Record, California bar member
DATE SIGNED 11/12/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION
SUBMIT DATE Wed Nov 13 14:17:25 EST 2019
TEAS STAMP USPTO/AAU-XX.XX.XX.XXX-20
191113141725610855-880652
77-7005c83403790618f7bc94
892f42c20e3c13785144b7056
befe30d2d0f8e0c36c62-DA-1
7252617-20191112162136145
857



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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))


To the Commissioner for Trademarks:
MARK: FLYER (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88065277/large)
SERIAL NUMBER: 88065277



The applicant, Kitty Hawk Corporation, having an address of
      821 San Antonio Road
      Palo Alto, California 94303
      United States
is submitting the following allegation of use information:

For International Class 012:
Current identification: Air or water vehicles; land vehicles; vehicles for travel by land, air, or water

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: Air or water vehicles; land vehicles; vehicles for travel by land, air, or water

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: Aircraft
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/17/2017, and first used in commerce at least as early as 07/17/2017, 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) a photograph of the goods prominently displaying the mark.

Original PDF file:
SPN0-241623252-20191112153959517829_._FLYER_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 039:
Current identification: Air and land transportation services

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


For International Class 041:
Current identification: providing recreational aviation flights in aircraft

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: Aircraft (Class 12)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Air transportation services (Class 39); Class 41
MISCELLANEOUS STATEMENTS
There were errors in the Allegation of Use filed on November 11, 2019. The correct description of goods as revised for this Allegation of Use is "Aircraft" (Class 12). Applicant requests the following amendment to Class 39, "Air transportation services" to remain as 1(b) and divided out with the Class 41 services. Please refund the $200 Allegation of Use and Request to Divide fees paid on November 11, 2019.


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.

A fee payment in the amount of $550 will be submitted with the form, representing payment for the new application fee for 2 classes. submitted with the form, representing payment for the new application fee 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: /Alex Roetter/      Date Signed: 11/12/2019
Signatory's Name: Alex Roetter
Signatory's Position: President
Signatory's Phone: not required

Request to Divide Signature


Signature: /John Slafsky/    Date: 11/12/2019
Signatory's Name: John Slafsky
Signatory's Position: Attorney of Record, California bar member


RAM Sale Number: 88065277
RAM Accounting Date: 11/13/2019

Serial Number: 88065277
Internet Transmission Date: Wed Nov 13 14:17:25 EST 2019
TEAS Stamp: USPTO/AAU-XX.XX.XX.XXX-20191113141725610
855-88065277-7005c83403790618f7bc94892f4
2c20e3c13785144b7056befe30d2d0f8e0c36c62
-DA-17252617-20191112162136145857



Amendment to Allege Use [image/jpeg]


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