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: PRODIGY (Stylized and/or with Design, see mark)
SERIAL NUMBER: 90379260


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Derrick Corporation, having an address of
      590 Duke Road
      Buffalo, New York 14225
      United States
      Email: XXXX
Proposed: Derrick Corporation, having an address of
      590 Duke Road
      Buffalo, New York 14225
      United States
      Phone:
      Email: XXXX



The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable computer software for evaluation and analysis of rig performance; Downloadable computer software for quality management in the fields of oil and gas rigs; Downloadable software for evaluation and analysis of oil rig performance; Downloadable software for quality management in the fields of oil and gas exploration

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 02/00/2021, and first used in commerce at least as early as 02/00/2021, 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) website screenshot, accessed from URL prodigy.derrick.com on May 27, 2022, showing the mark in use on the referenced software platform, on both the platform login and in the Title Bar of the website, per TMEP 904.03(e), (i), (j), and inviting registered users to "SIGN IN" to access the downloadable software and services offered under the mark, together with a product flyer as distributed to customers, detailing the products and services offered under the mark.

Original PDF file:
SPN0-7220046109-202205271 20008370398_._13912.T066U S_Specimen_-_Website_Logi n.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-7220046109-202205271 20008370398_._13912.T066U S_Specimen__Flyer_.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: prodigy.derrick.com
Webpage Date of Access: 05/27/2022

For International Class 042:
Current identification: Measurement evaluations in the nature of drilling rig performance, solids control efficiencies, equipment efficiencies, fluid usage, chemical product usage, and solids and fluid discard measurements in the field of oil and gas drilling; Quality management services, namely, quality evaluation and analysis, quality assurance, and quality control, in the field of oil and gas; Scientific and technological services, namely, quality evaluation of drilling fluids, technical project studies, waste management evaluation, cost evaluation, and quality evaluation and analysis of rig performance in the field of oil and gas

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 02/00/2021, and first used in commerce at least as early as 02/00/2021, 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) website screenshot, accessed from URL prodigy.derrick.com on May 27, 2022, showing the mark in use on the referenced software platform, on both the platform login and in the Title Bar of the website, per TMEP 904.03(e), (i), (j), and inviting registered users to "SIGN IN" to access the downloadable software and services offered under the mark, together with a product flyer as distributed to customers, detailing the products and services offered under the mark.

Original PDF file:
SPN1-7220046109-202205271 20008370398_._13912.T066U S_Specimen_-_Website_Logi n.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN1-7220046109-202205271 20008370398_._13912.T066U S_Specimen__Flyer_.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: prodigy.derrick.com
Webpage Date of Access: 05/27/2022

The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Applicant attaches for reference U.S. Registration No. 6,639,948, issued to Applicant for the standard-character "PRODIGY" trademark in connection with identical goods and services covered by the instant application, dated February 8, 2022.

Original PDF file:
MISC-7220046109-202205271 20008370398_._T038US_Regi stration_Certificate_6639 948_PRODIGY__2022.02.08_.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Correspondence Information (current):
      Jason P. Mueller
      PRIMARY EMAIL FOR CORRESPONDENCE: jason.mueller@fisherbroyles.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michelle.fullmer@fisherbroyles.com; MuellerJP.IP@fisherbroyles.com
Correspondence Information (proposed):
      Jason P. Mueller
      PRIMARY EMAIL FOR CORRESPONDENCE: jason.mueller@fisherbroyles.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michelle.fullmer@fisherbroyles.com; MuellerJP.IP@fisherbroyles.com

The docket/reference number is 13912.T066US.

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.


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: /michelle c. fullmer/      Date Signed: 05/27/2022
Signatory's Name: Michelle C. Fullmer
Signatory's Position: Attorney of record, FISHERBROYLES LLP, Louisiana bar member
Signatory's Phone: 5042248008
Signature method: Signed directly within the form

PAYMENT: 90379260
PAYMENT DATE: 05/27/2022

Serial Number: 90379260
Internet Transmission Date: Fri May 27 12:10:06 ET 2022
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2022052712100653
3966-90379260-8004fec65d54f65deb7728f91d
633fc8d114c0b48513e18b49d86f11e97afc56ba
-CC-10030435-20220527120008370398