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: SUPERSTITCH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88603826/large)
SERIAL NUMBER: 88603826


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Spartan Brand, Inc., having an address of
      5th Floor, 451 Park Avenue
      New York, New York 10036
      United States
Proposed: Spartan Brand, Inc., having an address of
      5th Floor, 451 Park Avenue
      New York, New York 10036
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 025:
Current identification: APPAREL, NAMELY, MEN'S AND WOMEN'S SHIRTS, T-SHIRTS, PANTS, TIGHTS, SHORTS, JACKETS, SUITS, TIES, OVERCOATS, SHOES, SNEAKERS, HATS, HEADWEAR, SCARVES

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: APPAREL, NAMELY, MEN'S AND WOMEN'S SHIRTS, T-SHIRTS, PANTS, TIGHTS, SHORTS, JACKETS, SUITS, TIES, OVERCOATS, SHOES, SNEAKERS

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: HATS, HEADWEAR, SCARVES
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/09/2020, and first used in commerce at least as early as 01/09/2020, 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) Scanned copies of mark in use.

JPG file(s):
Specimen File1
Original PDF file:
SPN0-104225244194-20200309151516850756_._02022465.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: HATS, HEADWEAR, SCARVES
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: APPAREL, NAMELY, MEN'S AND WOMEN'S SHIRTS, T-SHIRTS, PANTS, TIGHTS, SHORTS, JACKETS, SUITS, TIES, OVERCOATS, SHOES, SNEAKERS
Correspondence Information (current):
      PHILIP BRAGINSKY
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pbraginsky@tarterkrinsky.com
Correspondence Information (proposed):
      Philip Braginsky
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pbraginsky@tarterkrinsky.com

The docket/reference number is 6584-IP310.

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: /Philip Y Braginsky/      Date Signed: 03/09/2020
Signatory's Name: Philip Braginsky
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone: 2122168000

Request to Divide Signature


Signature: /Philip Y Braginsky/    Date: 03/09/2020
Signatory's Name: Philip Braginsky
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone: 2122168000


RAM Sale Number: 88603826
RAM Accounting Date: 03/09/2020

Serial Number: 88603826
Internet Transmission Date: Mon Mar 09 15:39:23 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20200309153923
195472-88603826-7106df5693a15459e1c39838
1f5b40b1e60d1be1811331d36f386f961be725dc
0-DA-39222827-20200309151516850756