Statement of Use

PTO- 1553

Approved for use through 03/31/2024. 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 03/31/2024. 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: DEATH ROW RECORDS (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88628998
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: Death Row Acquisition LLC, having an address of
      22 Harbor Point Drive
      Port Washington, New York 11050
      United States
      Email: XXXX
Proposed: Death Row Acquisition LLC, having an address of
      10 Harbor Park Drive
      Port Washington, New York 11050
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 025:
Current identification: Clothing, namely, pajamas, swimwear, pants, blouses, skirts, dresses; all excluding cycling wear

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: Clothing, namely, blouses, skirts, dresses; all excluding cycling wear

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: Clothing, namely, pajamas, swimwear, pants; all excluding cycling wear
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/20/2020, and first used in commerce at least as early as 10/20/2020, 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) screenshot of a pair of Applicant's pajamas pants available for purchase online with Applicant's mark prominently affixed.

Original PDF file:
SPN0-67849814-20211018142 435209327_._25.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.amazon.com/Bioworld-Death-Records-Sleep-Pants-Small/dp/B083PQXMDM/ref=sr_1_1_sspa?dchild=1&keywords=death+row+records+sleep+pant&qid=1629393324&sr=8-1-spons&psc=1&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUEzSDQ5WVFRN0pOMDFRJmVuY3J5cHRlZElkPUEwOTA2NjA2VlpDTU1HQlFWWVlGJmVuY3J5cHRlZEFkSWQ9QTA1ODU0NDkxVU9aTkFJSlNTS1lTJndpZGdldE5hbWU9c3BfYXRmJmFjdGlvbj1jbGlja1JlZGlyZWN0JmRvTm90TG9nQ2xpY2s9dHJ1ZQ
Webpage Date of Access: 09/10/2021

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: Clothing, namely, pajamas, swimwear, pants; all excluding cycling wear
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Clothing, namely, blouses, skirts, dresses; all excluding cycling wear

The owner's/holder's current attorney information: Peter Nussbaum. Peter Nussbaum of CHIESA SHAHINIAN & GIANTOMASI PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE BOLAND DRIVE
      WEST ORANGE, New Jersey 07052
      United States
The docket/reference number is 11153/1/61.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com

The owner's/holder's proposed attorney information: Peter Nussbaum. Other appointed attorneys are Joshua Lee, Abigail Remore, Neha Bhalani, Paula Brueckner, Aladekemi Omoregie. Peter Nussbaum of CHIESA SHAHINIAN & GIANTOMASI PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ONE BOLAND DRIVE
      WEST ORANGE, New Jersey 07052
      United States
The docket/reference number is 11153/1/61.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com

Peter Nussbaum 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):
      Peter Nussbaum
      PRIMARY EMAIL FOR CORRESPONDENCE: pnussbaum@csglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@csglaw.com; tmdocketing@csglaw.com
Correspondence Information (proposed):
      Peter Nussbaum
      PRIMARY EMAIL FOR CORRESPONDENCE: pnussbaum@csglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@csglaw.com; tmdocketing@csglaw.com

The docket/reference number is 11153/1/61.

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.

A fee payment in the amount of $350 will be 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: /Christos Badavas/      Date Signed: 10/19/2021
Signatory's Name: Christos Badavas
Signatory's Position: Secretary and General Counsel
Signatory's Phone: Attorney's Phone Number: 973-530-2025
Signature method: Sent to third party for signature

Request to Divide Signature


Signature: /peter nussbaum/    Date: 10/19/2021
Signatory's Name: Peter Nussbaum
Signatory's Position: Attorney of Record, NJ Bar Member

Signatory's Phone: 9735302025

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.


Mailing Address:
   CHIESA SHAHINIAN & GIANTOMASI PC
   
   ONE BOLAND DRIVE
   WEST ORANGE, New Jersey 07052

PAYMENT: 88628998
PAYMENT DATE: 10/19/2021

Serial Number: 88628998
Internet Transmission Date: Tue Oct 19 17:52:05 ET 2021
TEAS Stamp: USPTO/SOU-XX.XX.XX.XX-202110191752050075
55-88628998-781ff4c34bc616d4d7786b9a83a6
b4ce67ea9de35c7b1b8b20c9d81bc06bd5b2-CC-
52012610-20211018142435209327