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: D DINAN SHOCKWARE (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88369893/large)
SERIAL NUMBER: 88369893



The applicant, POWERTEQ LLC, having an address of
      1080 SOUTH DEPOT DRIVE
      OGDEN, Utah 84404
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Electronic motor vehicle suspension tuning kits comprised of an electronic control unit that monitors suspension performances and delivers re-calculated sensor values to the original suspension control unit to increase suspension performance; downloadable computer software that monitors suspension performance and delivers re-calculated sensor values to the original suspension control unit to increase suspension performance

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: Electronic motor vehicle suspension tuning kits comprised of an electronic control unit that monitors suspension performances and delivers re-calculated sensor values to the original suspension control unit to increase suspension performance

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: Downloadable computer software that monitors suspension performance and delivers re-calculated sensor values to the original suspension control unit to increase suspension performance
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/17/2014, and first used in commerce at least as early as 05/17/2014, 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) Screen shot from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN0-6520916146-20200113145002403374_._DINAN_Shockware_-_EDC_Suspension_Tuning.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


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: Downloadable computer software that monitors suspension performance and delivers re-calculated sensor values to the original suspension control unit to increase suspension performance (Class 9)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Electronic motor vehicle suspension tuning kits comprised of an electronic control unit that monitors suspension performances and delivers re-calculated sensor values to the original suspension control unit to increase suspension performance (Class 9)

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 $275 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee 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: /David J. Clement/      Date Signed: 01/13/2020
Signatory's Name: David J. Clement
Signatory's Position: General Counsel

Request to Divide Signature


Signature: /Peter G. Byrne/    Date: 01/13/2020
Signatory's Name: Peter G. Byrne
Signatory's Position: Attorney of record, California bar member

Signatory's Phone: 4154421335


RAM Sale Number: 88369893
RAM Accounting Date: 01/13/2020

Serial Number: 88369893
Internet Transmission Date: Mon Jan 13 20:53:28 EST 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2020011320532833
9485-88369893-700c7c46261103f9be1da89697
40596a99706010c8671dc353bba33cacdc9f1ea-
DA-53276377-20200113145002403374