Statement of Use

SMART CHOICE

Electrolux Home Products, Inc.

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

PTO- 1553
Approved for use through 10/31/2017. 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))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90097158
LAW OFFICE ASSIGNED LAW OFFICE 119
MARK SECTION
MARK mark
LITERAL ELEMENT SMART CHOICE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME Electrolux Home Products, Inc.
INTERNAL ADDRESS Legal Department/TKO-416
MAILING ADDRESS 10200 David Taylor Dr.
CITY Charlotte
STATE North Carolina
ZIP/POSTAL CODE 28262
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 704-458-1466
FAX 704-547-7053
EMAIL XXXX
OWNER SECTION (proposed)
NAME Electrolux Home Products, Inc.
INTERNAL ADDRESS Legal Department
MAILING ADDRESS 10200 David Taylor Dr.
CITY Charlotte
STATE North Carolina
ZIP/POSTAL CODE 28262
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 17044581466
FAX 704-547-7053
EMAIL XXXX
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 007
CURRENT IDENTIFICATION Food waste disposals; Food waste disposers; Garbage disposal machines; Garbage disposals; Garbage disposals featuring apparatus that aids in draining water
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 08/01/2021
FIRST USE IN COMMERCE DATE 08/01/2021
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-10412920485-20210817 182326630542_._Smart_Choi ce_Disposers.pdf
       CONVERTED PDF FILE(S)
       (6 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\900\971\90097158\xml8\ SOU0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\971\90097158\xml8\ SOU0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\971\90097158\xml8\ SOU0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\971\90097158\xml8\ SOU0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\971\90097158\xml8\ SOU0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\971\90097158\xml8\ SOU0007.JPG
SPECIMEN DESCRIPTION Webpage offering for sale Food waste disposals; Food waste disposers; Garbage disposal machines; Garbage disposals; Garbage disposals featuring apparatus that aids in draining water
WEBPAGE URL http://www.ajmadison.com/b.php/Smart+Choice%3BDisposers/N~38+4294738640
WEBPAGE DATE OF ACCESS 08/17/2021
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
TOTAL AMOUNT 375
SIGNATURE SECTION
/Ray Ashburg/
SIGNATORY'S NAME Ray Ashburg
SIGNATORY'S POSITION Attorney of record, North Carolina Bar member 31371
DATE SIGNED 08/17/2021
SIGNATORY'S PHONE NUMBER 17044581466
SIGNATURE METHOD Signed directly within the form
DECLARATION SIGNATURE /Ray Ashburg/
SIGNATORY'S NAME Ray Ashburg
SIGNATORY'S POSITION Attorney of Record, NC Bar Member 31371
DATE SIGNED 08/17/2021
SIGNATORY'S PHONE NUMBER 17044581466
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION
SUBMIT DATE Tue Aug 17 18:29:02 ET 2021
TEAS STAMP USPTO/PSE-XXX.XXX.XXX.XX-
20210817182902650569-9009
7158-78191b2f2ce7e915411c
bce06a7e3e311310e9df51b15
189557e40ff608ee1a5-DA-29
003475-202108171823266305
42



PTO- 1553
Approved for use through 10/31/2017. 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: SMART CHOICE(Standard Characters, see http://uspto.report/TM/90097158/mark.png)
SERIAL NUMBER: 90097158


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Electrolux Home Products, Inc., having an address of
      Legal Department/TKO-416
      10200 David Taylor Dr.
      Charlotte, North Carolina 28262
      United States
      Phone: 704-458-1466
      Fax: 704-547-7053
      Email: XXXX
Proposed: Electrolux Home Products, Inc., having an address of
      Legal Department
      10200 David Taylor Dr.
      Charlotte, North Carolina 28262
      United States
      Phone: 17044581466
      704-547-7053
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 007:
Current identification: Food waste disposals; Food waste disposers; Garbage disposal machines; Garbage disposals; Garbage disposals featuring apparatus that aids in draining water

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 08/01/2021, and first used in commerce at least as early as 08/01/2021, 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) Webpage offering for sale Food waste disposals; Food waste disposers; Garbage disposal machines; Garbage disposals; Garbage disposals featuring apparatus that aids in draining water.

Original PDF file:
SPN0-10412920485-20210817 182326630542_._Smart_Choi ce_Disposers.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: http://www.ajmadison.com/b.php/Smart+Choice%3BDisposers/N~38+4294738640
Webpage Date of Access: 08/17/2021


A fee payment in the amount of $150 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $125 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

DECLARATION: 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 that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage 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; and that 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.DECLARATION: 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 that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage 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; and that 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.


Signature: /Ray Ashburg/      Date Signed: 08/17/2021
Signatory's Name: Ray Ashburg
Signatory's Position: Attorney of Record, NC Bar Member 31371
Signatory's Phone: 17044581466
Signature method: Signed directly within the form

PAYMENT: 90097158
PAYMENT DATE: 08/17/2021

Serial Number: 90097158
Internet Transmission Date: Tue Aug 17 18:29:02 ET 2021
TEAS Stamp: USPTO/PSE-XXX.XXX.XXX.XX-202108171829026
50569-90097158-78191b2f2ce7e915411cbce06
a7e3e311310e9df51b15189557e40ff608ee1a5-
DA-29003475-20210817182326630542



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