Statement of Use

PTO- 1553

Approved for use through 12/31/2020. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 12/31/2020. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: CATS VS PICKLES(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88491939/large)
SERIAL NUMBER: 88491939
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: Cepia LLC, having an address of
      121 Hunter Avenue Suite 103
      St. Louis, Missouri 63124
      United States
      Email: XXXX
Proposed: Cepia LLC, having an address of
      121 Hunter Avenue Suite 103
      St. Louis, Missouri 63124
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Entertainment software, namely, downloadable game software, downloadable mobile applications in the nature of downloadable interactive game software, downloadable video game software, and game apps for use with electronics, namely, downloadable electronic game software

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 12/01/2019, and first used in commerce at least as early as 01/23/2020, 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) PDF screen grab showing a website depicting the video game app available for download on the Apple App Store.
Specimen File1


Webpage URL: http://apps.apple.com/us/app/cats-vs-pickles/id1487708781
Webpage Date of Access: 02/09/2021

For International Class 014:
Current identification: Costume jewelry, children's jewelry, hair jewelry in the nature of jewelry for use in the hair, and plastic jewelry

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: Series of children's fiction books, stationery, children's arts and crafts kits comprised of paper and cardboard for play set building and building models of settings in a fictional world, greeting cards, and decals

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


For International Class 018:
Current identification: Bags, namely, handbags, leather handbags, travel bags, weekend bags, gym bags, sports bags, evening bags, and backpacks

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: Pillows; ornaments, namely, ornaments of plaster, plastic, wax, and wood not including Christmas tree ornaments, holiday ornaments of plastic which are not tree ornaments, ornaments made of textiles which are not tree ornaments, and party ornaments of plastic

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


For International Class 021:
Current identification: China ornaments, aquarium ornaments, and ornaments of crystal, glass, porcelain, and terra cotta which are not tree ornaments; pins, namely, clothing pins

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


For International Class 024:
Current identification: Children's bed linens, children's bath linens, bed sheets, and pillowcases; blankets, namely, fleece blankets, baby blankets, travelling blankets, lap blankets, woolen blankets, silk blankets, bed blankets and children's blankets, throws, and fabric window treatments, namely, curtains, draperies, sheers, swags, and valances

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


For International Class 025:
Current identification: Clothing, namely, shirts, pants, skirts, socks, dresses, jackets, and underwear; footwear, and headwear

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: Dolls; dolls, namely, toy doll figures, toy doll figurines, toy doll collectible figures, plush dolls, and bean-filled stuffed doll characters; Christmas tree ornaments

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 10/01/2019, and first used in commerce at least as early as 05/29/2020, 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) Specimen is a pdf file of a photograph of one of the multi-pack toy products for sale..

Original PDF file:
SPN8-204134150111-2021020 9104339453538_._028_-_48_ pc_side_kick_plush.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

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 009; Class 028
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 014; Class 016; Class 018; Class 020; Class 021; Class 024; Class 025
Correspondence Information (current):
      Robert Maher
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@ippartnerspc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@ippartnerspc.com; bob@ippartnerspc.com
Correspondence Information (proposed):
      Robert Maher
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@ippartnerspc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@ippartnerspc.com; bob@ippartnerspc.com

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 $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

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: /Joe McGowan/      Date Signed: 02/09/2021
Signatory's Name: Joe McGowan
Signatory's Position: Director of Product Development
Signatory's Phone: 8002259319
Signature method: Sent to third party for signature

Request to Divide Signature


Signature: /Robert Maher/    Date: 02/09/2021
Signatory's Name: Robert Maher
Signatory's Position: Attorney of Record

Signatory's Phone: 3143257800

Signature method: Sent to third party for signature
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.


PAYMENT: 88491939
PAYMENT DATE: 02/09/2021

Serial Number: 88491939
Internet Transmission Date: Tue Feb 09 12:03:57 ET 2021
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20210209120357
644631-88491939-760d79a66bf1f4aa67cabd8b
cc314194b78cf37e7f7457f2213c62135551cf93
4-CC-03542416-20210209104339453538