Statement of Use

PTO- 1553

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

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- 1553

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

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.

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

To the Commissioner for Trademarks:
MARK: BYD CARE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88840620/large)
SERIAL NUMBER: 88840620
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: BYD Company Ltd., having an address of
      3009 BYD Road, Pingshan District
      Shenzhen, 518118
      China
      Email: XXXX
Proposed: BYD Company Ltd., having an address of
      3009 BYD Road, Pingshan District
      Shenzhen, 518118
      China
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: Hand-sanitizing preparations in the nature of hand sanitizers

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 04/20/2020, and first used in commerce at least as early as 04/22/2020, 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) Photograph of product showing current use of the mark for the goods.

Original PDF file:
SPN0-50231115242-20210112 144521715092_._BYD_CARE_S OU_Class_5_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

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

For International Class 009:
Current identification: Protective gear for medical use, namely, clothing for protection against accidents and injury

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


For International Class 010:
Current identification: Protective gear for medical use, namely, sanitary masks for medical purposes, medical gloves, clothing items in the nature of surgical gowns and surgical scrub suits, and medical thermometers

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: medical gloves, clothing items in the nature of surgical gowns and surgical scrub suits, and medical thermometers

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: Protective gear for medical use, namely, sanitary masks for medical purposes
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/16/2020, and first used in commerce at least as early as 03/17/2020, 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) Photograph of product packaging showing current use of the mark for the goods.

Original PDF file:
SPN2-50231115242-20210112 144521715092_._BYD_CARE_S OU_Class_10_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

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

For International Class 025:
Current identification: Protective gear for medical use, namely, scrub tops and pants not for surgical purposes

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


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 5); Protective gear for medical use, namely, sanitary masks for medical purposes (Class 10)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: (Class 9); medical gloves, clothing items in the nature of surgical gowns and surgical scrub suits, and medical thermometers (Class 10); (Class 25)
Correspondence Information (current):
      Mark A. Steiner, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: masteiner@duanemorris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mckillian@duanemorris.com; kxwhite@duanemorris.com; ipdocketing@duanemorris.com
Correspondence Information (proposed):
      Mark A. Steiner, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: masteiner@duanemorris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mckillian@duanemorris.com; kxwhite@duanemorris.com; ipdocketing@duanemorris.com

The docket/reference number is R3425-00201.

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.

A fee payment in the amount of $700 will be submitted with the form, representing payment for the new application fee for 2 classes.


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: /John Zhuang/      Date Signed: 01/13/2021
Signatory's Name: John Zhuang
Signatory's Position: Counsel
Signature method: Sent to third party for signature

Request to Divide Signature


Signature: /Mark A. Steiner/    Date: 01/14/2021
Signatory's Name: Mark A. Steiner
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone: (415) 957-3036

Signature method: Signed directly within the form
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: 88840620
PAYMENT DATE: 01/14/2021

Serial Number: 88840620
Internet Transmission Date: Thu Jan 14 16:26:14 ET 2021
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202101141626144
81988-88840620-760255594aa98b9cc8641a3dc
55991bea4b812dfb37b1101b725010132accfbdf
-DA-26132711-20210112144521715092