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: NU (Stylized and/or with Design, see mark)
SERIAL NUMBER: 90714999
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:
Niagara University, having an address of
      5795 Lewiston Rd
      Niagara University, New York 14109
      United States
      Email: XXXX


The owner is submitting the following allegation of use information:

For International Class 025:
Current identification: Shirts, sweatshirts, hats, pants, athletic apparel, namely, shirts, sweatshirts, jackets, pants, shorts, hats and athletic uniforms

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


For International Class 041:
Current identification: Organizing and conducting university sport competitions and athletic events; providing on-line non-downloadable electronic publications in the nature of information sheets, score reports, athletic programs and schedules in the field of university athletics; providing a website that features information about university athletics competitions and programs; providing information about university athletics competitions and programs; providing information about university athletics competitions and programs via social media; providing information about university athletics competitions and programs via a website

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 00/00/1983, and first used in commerce at least as early as 00/00/1983, 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) Screenshots of websites showing mark used in advertising of and rendering of services.

Original PDF file:
SPN1-216136402-2023050512 3812745136_._NU_and_Eagle _Design_Specimen_1_-_5_Ma y_2023.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN1-216136402-2023050512 3812745136_._NU_and_Eagle _Design_Specimen_2_-_10_F eb_2023.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: http://www.instagram.com/p/CqrLgsmNUDv/
Webpage Date of Access: 05/05/2023
Webpage URL: http://purpleeagles.com/
Webpage Date of Access: 02/10/2023

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: Class 041
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 025

The owner's/holder's current attorney information: Anne F. Downey. Anne F. Downey of HARTER SECREST & EMERY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1000
      50 FOUNTAIN PLAZA
      BUFFALO, New York 14202
      United States
The docket/reference number is 102317.26.

The phone number is 716-844-3768.

The email address is adowney@hselaw.com


The owner's/holder's proposed attorney information: Anne F. Downey. Other appointed attorneys are Brian B. Shaw, Rowland Richards, Alexander C. Kaczmarek, Jessica N. Clemente. Anne F. Downey of HARTER SECREST & EMERY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 1000
      50 FOUNTAIN PLAZA
      BUFFALO, New York 14202
      United States
The docket/reference number is 102317.26.

The phone number is 716-844-3768.

The email address is adowney@hselaw.com

Anne F. Downey submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
Correspondence Information (current)
      Anne F. Downey
      PRIMARY EMAIL FOR CORRESPONDENCE: adowney@hselaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.com
Correspondence Information (proposed)
      Anne F. Downey
      PRIMARY EMAIL FOR CORRESPONDENCE: adowney@hselaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.com; akaczmarek@hselaw.com

The docket/reference number is 102317.26.

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.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


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: /ack/      Date Signed: 05/05/2023
Signatory's Name: Alexander C. Kaczmarek
Signatory's Position: attorney licensed in NY, associated with the attorney of record
Signatory's Phone: 7168443709
Signature method: Signed directly within the form

Request to Divide Signature


Signature: /ack/    Date: 05/05/2023
Signatory's Name: Alexander C. Kaczmarek
Signatory's Position: attorney licensed in NY, associated with the attorney of record

Signatory's Phone: 7168443709

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.


Mailing Address:
   HARTER SECREST & EMERY LLP
   SUITE 1000
   50 FOUNTAIN PLAZA
   BUFFALO, New York 14202

PAYMENT: 90714999
PAYMENT DATE: 05/05/2023

Serial Number: 90714999
Internet Transmission Date: Fri May 05 12:55:03 ET 2023
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.X-20230505125503653
265-90714999-850e1f9621b67ddd366ac57f939
69a51d99a8993c9778b133ac874f4493ed4ee3f-
DA-55039311-20230505123812745136