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: NITRI-PHI(Standard Characters, see http://uspto.report/TM/90158045/mark.png)
SERIAL NUMBER: 90158045



MARK
Applicant proposes to amend the mark as follows:
Current: NITRI-PHI(Standard Characters, see http://uspto.report/TM/90158045/mark.png)
Proposed (USPTO generated image): NITRIPHI (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font style, size, or color.
OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Phibro Animal Health Corporation, having an address of
      Glenpointe Centre East, 3rd Floor
      300 Frank W. Burr Blvd., Ste. 21
      Teaneck, New Jersey 07666
      United States
      Phone: 973-597-2500
      Email: XXXX
Proposed: Phibro Animal Health Corporation, having an address of
      Glenpointe Centre East, 3rd Floor
      300 Frank W. Burr Blvd., Ste. 21
      Teaneck, New Jersey 07666
      United States
      Phone: 973-597-2500
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 001:
Current identification: Enzymes for industrial purposes; Enzyme preparations for use in the ethanol production industry; Enzyme preparations for use in the fuel, bio-fuel, food, animal feed, chemical, detergents, and alcohol industry

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 07/00/2020, and first used in commerce at least as early as 07/00/2020, 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) 2 images of the mark affixed to the goods in the class.
Specimen File1
Specimen File2

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

The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
With this filing, Registrant requests amendment of the mark by removing the hyphen between "NITRI" and "PHI" so that the mark appears as "NITRIPHI." Further to TMEP 807.13(a), a mark in an application under §1(b) of the Trademark Act can be amended if (1) the specimen filed with an amendment to allege use or statement of use supports the amendment, and (2) the amendment does not materially alter the mark. With regard to (1), the specimen submitted with this filing supports the amendment to remove the hyphen between "NITRI" and "PHI." With regard to (2), the removal of the hyphen does not materially alter the commercial impression of the mark as the literal element remains constant. As such, the modified mark retains the essence of the original mark, creates the impression of being the same mark, and no new search or republication would be required. Accordingly, Applicant submits that revising the mark to remove the hyphen between "NITRI" and "PHI" does not materially alter the mark and requests amendment of the mark to the revised mark "NITRIPHI."

Correspondence Information (current):
      VANESSA A. IGNACIO, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Vanessa A. Ignacio, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 36723.1990.

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.


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: /Elizabeth Pietrowski/      Date Signed: 08/03/2021
Signatory's Name: Elizabeth Pietrowski
Signatory's Position: Associate General Counsel
Signature method: Sent to third party for signature

Request to Divide Signature


Signature: /Vanessa A. Ignacio/    Date: 08/04/2021
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of record, NJ bar member

Signatory's Phone: 973-597-2500

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: 90158045
PAYMENT DATE: 08/04/2021

Serial Number: 90158045
Internet Transmission Date: Wed Aug 04 16:07:38 ET 2021
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202108041607383
82553-90158045-781cedaec4373df7b1354581d
73e1e1c89a0c1438a9a5ca3e0c2131e8b7971baa
b-DA-07364045-20210802192408197590