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: AUXBUS(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88355113/large)
SERIAL NUMBER: 88355113



The applicant, Podcraft, Inc., having an address of
      1 Buffalo Street
      Asheville, North Carolina 28806
      United States
      919-821-6785
is submitting the following allegation of use information:

For International Class 009:
Current identification: downloadable software to control and improve audio equipment sound quality; downloadable computer software to control and improve computer and audio equipment sound quality

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


For International Class 042:
Current identification: providing online non-downloadable software to control and improve audio equipment sound quality; providing online non-downloadable computer software to control and improve computer and audio equipment sound quality

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 05/01/2019, and first used in commerce at least as early as 08/14/2019, 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) the specimen consists of a screenshot of the Applicant's webpage showing the mark and describing the services..
Specimen File1


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: 042
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: 009

The applicant's current attorney information: Eva Gullick Frongello. Eva Gullick Frongello of SMITH ANDERSON, is located at

      P.O. BOX 2611
      RALEIGH, North Carolina 27602
      United States
The docket/reference number is 1578.1.

The phone number is 919-821-6785.

The email address is efrongello@smithlaw.com

The applicants proposed attorney information: Eva Gullick Frongello. Other appointed attorneys are Nicolas W. Eason. Eva Gullick Frongello of SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. BOX 2611
      RALEIGH, North Carolina 27602
      United States
The docket/reference number is 15678.1.

The phone number is 919-821-6785.

The email address is efrongello@smithlaw.com

Eva Gullick Frongello 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: EVA GULLICK FRONGELLO. EVA GULLICK FRONGELLO of SMITH ANDERSON, is located at

      P.O. BOX 2611
      RALEIGH, North Carolina 27602
      United States
The docket/reference number is 1578.1.

The phone number is 919-821-6785.

The email address is efrongello@smithlaw.com

The applicants proposed correspondence information: EVA GULLICK FRONGELLO. EVA GULLICK FRONGELLO of SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, is located at

      P.O. BOX 2611
      RALEIGH, North Carolina 27602
      United States
The docket/reference number is 15678.1.

The phone number is 919-821-6785.

The fax number is 919-821-6800.

The email address is efrongello@smithlaw.com; trademarks@smithlaw.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: /Eva Gullick Frongello/      Date Signed: 12/03/2019
Signatory's Name: Eva Gullick Frongello
Signatory's Position: Attorney of record, NC bar member
Signatory's Phone: (919)821-6785

Request to Divide Signature


Signature: /Eva Gullick Frongello/    Date: 12/03/2019
Signatory's Name: Eva Gullick Frongello
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone: 9198216785


Mailing Address:
   SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN
   
   P.O. BOX 2611
   RALEIGH, North Carolina 27602

RAM Sale Number: 88355113
RAM Accounting Date: 12/03/2019

Serial Number: 88355113
Internet Transmission Date: Tue Dec 03 16:46:03 EST 2019
TEAS Stamp: USPTO/SOU-XX.X.XXX.XX-201912031646037735
04-88355113-700ef30e51b7757ca2fe855e7c96
3df375c8672e3bd55e621d13a6ea996a33ad732-
DA-46037558-20191203163028273407