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: PPP (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88214083/large)
SERIAL NUMBER: 88214083
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Merkury Innovations LLC, having an address of
      45 Broadway, 3rd Floor
      New York, New York 10006
      United States
Proposed: Merkury Innovations LLC, having an address of
      45 Broadway, 3rd Floor
      New York, New York 10006
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: gaming accessory products, namely, headsets for virtual reality games, computer keyboard controllers, headset peripherals in the nature of headset cable adaptors, wireless headset electric signal transmitters, headset cases in the nature of cases specially adapted for holding headsets for virtual reality games, peripherals bags and console bags in the nature of laptop carrying cases, and tablet carrying cases, wired 2.0 speakers, wired 2.1 audio speakers, wired surround sound audio speakers, wireless subwoofer, wired soundbar, wireless soundbar, wireless speakers, eyewear, mouse pads, computer mice, microphones, bungees in the nature of holders specially adapted for computer mice to prevent tangling of cables, capture devices in the nature of video and audio recorders used to record games, electronic charging stations, and console peripherals, namely, electronic charging station, cooling stands adapted for laptop and tablet computers, cables, namely, USB cables and audio cables, power adapters for use with computers, stands adapted for laptop and tablet computers

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


For International Class 016:
Current identification: gaming accessory products, namely, desktop organizers

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


For International Class 020:
Current identification: gaming accessory products, namely, chairs, organizers in the nature of plastic ducts and couplings for organizing and holding fiber optic and similar cable and wiring

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


For International Class 028:
Current identification: gaming accessory products, namely, game controllers in the nature of keyboards for computer games, gaming headsets adapted for use in playing video games, controllers for game consoles, bungees in the nature of holders specially adapted for gaming mice to prevent tangling of cables, headset peripherals in the nature of stands featuring power supply connectors specially adapted for use with gaming headsets adapted for use in playing video games, peripherals bags in the nature of protective carrying cases specially adapted for video game consoles for use with an external display screen or monitor, console bags in the nature of protective carrying cases specially adapted for video game consoles for use with an external display screen or monitor, computer mice adapted for playing video games, capture devices being structural parts of video game consoles, console stands in the nature of stands for electronic game playing apparatus, namely, video game consoles, hand-held video game units, and gaming PC's, controllers for game consoles, console controller stands in the nature of stands for electronic game playing apparatus being video game consoles, and console peripherals, namely, video game console controller chargers, electronic charging stations specially adapted for use with video game consoles, cooling stands specially adapted for use with video game consoles, power adapters for use with video game consoles, stands specially adapted for use with video game consoles, cases specially adapted for use with video game consoles

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 11/30/2019, and first used in commerce at least as early as 11/30/2019, 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) a photograph of the packaging for Applicant's goods showing use of Applicant's mark.

Original PDF file:
SPN3-3810417310-20200219105450417827_._Logo_Specimen.pdf
Converted PDF file(s) (1 page)
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: Class 28
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 9; Class 16; Class 20

The owner's/holder's current attorney information: Anthony F. Lo Cicero. Anthony F. Lo Cicero of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 58188/0106.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The owner's/holder's proposed attorney information: Anthony F. Lo Cicero. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Mark Berkowitz, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski and Albert J. Boardman. Anthony F. Lo Cicero of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 58188/0106.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

Anthony F. Lo Cicero 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.Correspondence Information (current):
      ANTHONY F. LO CICERO
      PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Anthony F. Lo Cicero
      PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Anthony F. Lo Cicero/      Date Signed: 02/19/2020
Signatory's Name: Anthony F. Lo Cicero
Signatory's Position: Attorney of Record, NYS Bar Member
Signatory's Phone: 212-336-8000

Request to Divide Signature


Signature: /Anthony F. Lo Cicero/    Date: 02/19/2020
Signatory's Name: Anthony F. Lo Cicero
Signatory's Position: Attorney of Record, NYS Bar Member

Signatory's Phone: 212-336-8000

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:
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   
   90 PARK AVENUE
   NEW YORK, New York 10016

RAM Sale Number: 88214083
RAM Accounting Date: 02/19/2020

Serial Number: 88214083
Internet Transmission Date: Wed Feb 19 11:03:50 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2020021911035079
1017-88214083-71048f03de268460e855bc7a68
d4fe43c7f398dd889a39ffd334d8a147e21b25e-
CC-03496611-20200219105450417827