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: TOUGHBUILT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88683404/large)
SERIAL NUMBER: 88683404
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: ToughBuilt Industries, Inc., having an address of
      25371 Commercentre Drive, Suite 200
      Lake Forest, California 92630
      United States
      Email: XXXX
Proposed: ToughBuilt Industries, Inc., having an address of
      25371 Commercentre Drive, Suite 200
      Lake Forest, California 92630
      United States
      Phone:
      Email: XXXX



The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: First aid kits, namely, first-aid boxes, filled; first aid kits for domestic or other non-professional use

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


For International Class 006:
Current identification: Tool chests of metal, empty; tools chests of metal sold empty; metal tool boxes, tool boxes of metal; tool boxes of metal, empty; tools chests of metal sold empty; tool accessory boxes made of metal sold empty and parts and fittings therefor; jobsite storage, namely, metal storage sheds; metal clamps; metal storage, namely, general purpose metal storage units, general purpose metal storage containers, general purpose metal storage bins, metal storage boxes for general use; metal locks, namely, door locks, pad locks, metal locks for doors, windows, desks, metal multi-point locking system in a wood door; safes, namely, electronic safes, metal safes, gun safes, metal fire resistant safes, non-metal safes, safe deposit boxes

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


For International Class 007:
Current identification: Machine tools, namely, clamps for use in the precision clamping of work pieces; generators, namely, DC generators, electrostatic generators, current generators, electricity generators, solar-powered electricity generators, gas-operated power generators, AC generators, wind-powered electricity generators, emergency power generators, high-voltage generators, portable electric power generators, electric power generators for indoor use, electric power generators using geothermal power, electric power generators using waste heat, electric generators and related equipment, namely, automatic standby electric generator sets; motorized locks, namely, door locks, door pad locks; tarps, namely, fitted tarps for power machinery, welders, namely, electric arc welders, shovels, namely, mechanical shovel, power shovel; power lawn and garden tools, namely, wood chippers; pressure washers, namely, high pressure washers, multi-purpose high pressure washers

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


For International Class 008:
Current identification: striking tools, namely, axes, sledgehammers; Hand tools, namely, screwdrivers, pliers, household knives, pruners, shovels; rakes, namely, hand-operated lawn rakes, sand trap rakes, golf course rakes; hoes, namely, hand-operated hoes, weeding hoes; knives, namely, utility knives, working knives; gardening tools, namely, trowels, weeding forks, spades; compressors, namely, hand-operated automotive repair tools, namely, ring compressors, valve spring compressors; hand operated lawn trimmers and edgers; hand-operated garden tillers and lawn and garden tools, namely, cultivators

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: striking tools, namely, axes, sledgehammers; Hand tools, namely, screwdrivers, pliers, household knives, pruners, shovels; rakes, namely, hand-operated lawn rakes, sand trap rakes, golf course rakes; hoes, namely, hand-operated hoes, weeding hoes; gardening tools, namely, trowels, weeding forks, spades; compressors, namely, hand-operated automotive repair tools, namely, ring compressors, valve spring compressors; hand operated lawn trimmers and edgers; hand-operated garden tillers and lawn and garden tools, namely, cultivators

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: knives, namely, utility knives, working knives
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/08/2020, and first used in commerce at least as early as 09/08/2020, 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 website where product is offered under the mark. The URL and date accessed are directly on the specimen.
Specimen File1

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

For International Class 009:
Current identification: Measuring rulers; tape rulers; graduated rulers for measuring; safety vests, namely, reflective safety vests; fall protection equipment, namely, bars, anchors, harnesses, lines, lanyards, carabiners and anchorage connectors; a modular impact cushioning system consisting of soft-fall bags and fall-arrest bags; safety equipment, namely, a lifeline system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, or shock absorber; protective clothing, namely, disposable garment for protection against spontaneous flash in industrial and manufacturing environments; traffic safety supplies, namely, safety traffic cones; laser measuring and leveling devices, namely, line lasers, laser level indicators, cross line lasers and beam line lasers; electric locks, namely, door locks, pad locks, digital door locks, biometric fingerprint door locks; docks, namely, electronic docking stations, computer docking stations; phone cases, namely, cases for mobile phones, mobile phone straps, cell phone covers, carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones, MP3 players, personal digital assistants; adaptors, namely, electrical adapters, computer card adapter, computer network adapters, flash card adapters, plug adaptors, electric adapter cables, power adapters, wireless adapters for computers

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: Measuring rulers; tape rulers; graduated rulers for measuring; safety vests, namely, reflective safety vests; fall protection equipment, namely, bars, anchors, harnesses, lines, lanyards, carabiners and anchorage connectors; a modular impact cushioning system consisting of soft-fall bags and fall-arrest bags; safety equipment, namely, a lifeline system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, or shock absorber; protective clothing, namely, disposable garment for protection against spontaneous flash in industrial and manufacturing environments; traffic safety supplies, namely, safety traffic cones; electric locks, namely, door locks, pad locks, digital door locks, biometric fingerprint door locks; docks, namely, electronic docking stations, computer docking stations; phone cases, namely, cases for mobile phones, mobile phone straps, cell phone covers, carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones, MP3 players, personal digital assistants; adaptors, namely, electrical adapters, computer card adapter, computer network adapters, flash card adapters, plug adaptors, electric adapter cables, power adapters, wireless adapters for computers

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: laser measuring and leveling devices, namely, line lasers, laser level indicators, cross line lasers and beam line lasers
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/20/2021, and first used in commerce at least as early as 10/20/2021, 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 website where product is offered under the mark. The URL and date accessed are directly on the specimen.
Specimen File1

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

For International Class 010:
Current identification: Respiratory masks for artificial respiration; emergency response kits comprised of defibrillators with bandages, dressing and disinfectants; hearing protectors without the ability to reproduce or transmit sound

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


For International Class 011:
Current identification: Flashlights and outdoor portable lighting products, namely, headlamps

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


For International Class 012:
Current identification: Truck bed storage organizers; wheel barrows

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


For International Class 014:
Current identification: Watches and accessories, namely, watches for indoor or outdoor use, parts for watches, watch straps made of metal or leather or plastic

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: Pens, namely, ballpoint pens, felt-tip pens, felt writing pens, felt marking pens, gel roller pens, notebooks, namely, paper notebooks, spiral-bound notebooks, blank paper notebooks

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


For International Class 017:
Current identification: Insulating gloves

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: Soft-sided carry-on Bags; wallets including card holders; wallets made of leather or other materials

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


For International Class 019:
Current identification: Non-metal storage sheds; pegboards

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: Tool chests not of metal; tool chests not of metal, empty; non-metal tool boxes; tool boxes not of metal; tool boxes not of metal, empty; tool and tool accessory boxes not made of metal sold empty and parts and fittings therefor; bins of wood or plastic; non-metal fabric storage bin organizer; non-metal clamps, metal storage cabinets; patio furniture

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: Tool bucket organizer, namely, an organizer specially adapted for affixation to a bucket for holding tools and other apparatus; work gloves; gardening gloves; light duty utility gloves; gloves for household purposes; and non-electric portable coolers and insulated containers for food or beverages designed for the professional trades

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


For International Class 022:
Current identification: Unfitted liners for the cargo area of vehicles in the nature of a tarp; protective liners of flexible vinyl for industrial tanks in the nature of a tarp; protective liners of vinyl for hot tubs, swimming pools, ponds, spas and industrial tanks in the nature of a tarp; unfitted tarps for power machinery; unfitted tarps for covering swimming pools, lining tanks

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


For International Class 026:
Current identification: Clothing accessories, namely, charms for attachment to zipper pulls and buttons, plastic clips that attach to the lower hem of shirts and blouses that allows the user to tighten the hem, buckles of precious metal

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: knives, namely, utility knives, working knives (Class 008) and laser measuring and leveling devices, namely, line lasers, laser level indicators, cross line lasers and beam line lasers (Class 009)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 005; Class 006; Class 007; striking tools, namely, axes, sledgehammers; Hand tools, namely, screwdrivers, pliers, household knives, pruners, shovels; rakes, namely, hand-operated lawn rakes, sand trap rakes, golf course rakes; hoes, namely, hand-operated hoes, weeding hoes; gardening tools, namely, trowels, weeding forks, spades; compressors, namely, hand-operated automotive repair tools, namely, ring compressors, valve spring compressors; hand operated lawn trimmers and edgers; hand-operated garden tillers and lawn and garden tools, namely, cultivators (Class 008); Measuring rulers; tape rulers; graduated rulers for measuring; safety vests, namely, reflective safety vests; fall protection equipment, namely, bars, anchors, harnesses, lines, lanyards, carabiners and anchorage connectors; a modular impact cushioning system consisting of soft-fall bags and fall-arrest bags; safety equipment, namely, a lifeline system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, or shock absorber; protective clothing, namely, disposable garment for protection against spontaneous flash in industrial and manufacturing environments; traffic safety supplies, namely, safety traffic cones; electric locks, namely, door locks, pad locks, digital door locks, biometric fingerprint door locks; docks, namely, electronic docking stations, computer docking stations; phone cases, namely, cases for mobile phones, mobile phone straps, cell phone covers, carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones, MP3 players, personal digital assistants; adaptors, namely, electrical adapters, computer card adapter, computer network adapters, flash card adapters, plug adaptors, electric adapter cables, power adapters, wireless adapters for computers (Class 009); Class 010; Class 011; Class 012; Class 014; Class 016; Class 017; Class 018; Class 019; Class 020; Class 021; Class 022; Class 026
Correspondence Information (current):
      Myron Greenspan
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@nls.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rduff@nls.law
Correspondence Information (proposed):
      Myron Greenspan
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@nls.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rduff@nls.law

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: /RLD/      Date Signed: 01/11/2022
Signatory's Name: Renee L. Duff
Signatory's Position: Attorney of record, NY Bar member
Signatory's Phone: 9142629223
Signature method: Signed directly within the form

Request to Divide Signature


Signature: /RLD/    Date: 01/11/2022
Signatory's Name: Renee L. Duff
Signatory's Position: Attorney of record, NY Bar member

Signatory's Phone: 9142629223

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: 88683404
PAYMENT DATE: 01/11/2022

Serial Number: 88683404
Internet Transmission Date: Tue Jan 11 19:30:50 ET 2022
TEAS Stamp: USPTO/SOU-XXX.X.XX.XXX-20220111193050566
134-88683404-80050a774e765126f57cc38f5ed
17d790c3978b4236af6e5b2845c3bf99c9a2491-
CC-30474183-20220111191111496046