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

---

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: SAFARI(Standard Characters, see http://uspto.report/TM/90230681/mark.png)
SERIAL NUMBER: 90230681


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Proven Winners North America LLC, having an address of
      45 North First Street, Suite B
      Campbell, California 95008
      United States
      Email: XXXX
Proposed: Proven Winners North America LLC, having an address of
      45 North First Street, Suite B
      Campbell, California 95008
      United States
      Phone:
      Email: XXXX



The owner is submitting the following allegation of use information:

For International Class 031:
Current identification: Living plants other than fescue or grasses, broomcorn, sorghum, millet, Kaffir-corn, clover, wheat, strawberry plant, alfalfa, bermudagrass, garden bean, lettuce, onion, pepper, rice, rye grass, and squash

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 03/01/2022, and first used in commerce at least as early as 03/01/2022, 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) Screen shot of online sales page.

Original PDF file:
SPN0-10715466-20220404162 244866482_._screen_shot.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://peacockvalleynursery.com/store/safari-sky-south-african-phlox-jamesbrittenia-hybrid-425-pot-proven-winners/
Webpage Date of Access: 04/04/2022

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      J. Scott Gerien
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdept@dpf-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      J. Scott Gerien
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdept@dpf-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /Kerry Meyer/      Date Signed: 04/04/2022
Signatory's Name: Meyer, Kerry
Signatory's Position: Program Director
Signature method: Sent to third party for signature

PAYMENT: 90230681
PAYMENT DATE: 04/04/2022

Serial Number: 90230681
Internet Transmission Date: Mon Apr 04 17:34:31 ET 2022
TEAS Stamp: USPTO/SOU-XXX.X.XX.XX-202204041734316165
40-90230681-800ec5cb597b2fc8ac49abfacf7f
ba1b1a23ce6e97a3632aae7a6c39106394cfa-DA
-34294182-20220404171347296541