PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2735958
REGISTRATION DATE: 07/15/2003

MARK: (Stylized and/or with Design, COSMETICS)

The owner, Schwan-STABILO Cosmetics GmbH & Co., COMPANY WITH LIMITED LIABILITY legally organized under the laws of Germany, having an address of
      Schwanweg 1
      90562 Heroldsberg,
      Germany
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 003, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Cosmetic pencils of all types, namely eyebrow pencils, eye contour pencils, charcoal pencils, eyeliner pencils, lipsticks, lip liner pencils, eye shadow pencils, mascara; covering and correcting pencils, cosmetic pencils for cheeks and face; make-up remover pencils, perfume pencils, nail white pencils, liquid liner pencils ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) digital image showing use of the mark in connection with the claimed goods.
Specimen File1

For International Class 005, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Cosmetic pencils with antiseptic and medical effects, namely eyebrow pencils with antiseptic and medical effects, eye contour pencils with antiseptic and medical effects, charcoal pencils with antiseptic and medical effects, eyeliner pencils with antiseptic and medical effects, lipsticks with antiseptic and medical effects, lipliner with antiseptic and medical effects, eyeshadow pencils with antiseptic and medical effects, mascara with antiseptic and medical effects, covering and correcting pencils with antiseptic and medical effects, pencils for cheeks and face with antiseptic and medical effects, make-up remover pencils with antiseptic and medical effects, liquid liner pencils with antiseptic and medical effects ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) digital image showing use of the mark in connection with the claimed goods.
Specimen File1
The registrant's current Attorney Information: Frank J Jordan of  JORDAN AND HAMBURG, LLP
      122 E 42ND ST RM 4000
      NEW YORK, New York (NY) 10168-0069
      United States


The registrant's proposed Attorney Information: Jura Zibas of  Wilson Elser Moskowitz Edelman & Dicker LLP
      150 East 42nd Street
      NEW YORK, New York (NY) 10017
      United States
The docket/reference number is 12886.00004.


The phone number is (212) 915-5756.

The fax number is (212) 490-3038.

The email address is jura.zibas@wilsonelser.com.
The registrant's current Correspondence Information: FRANK J JORDAN of  JORDAN AND HAMBURG, LLP
      122 E 42ND ST RM 4000
      NEW YORK, New York (NY) 10168-0069
      United States


The registrant's proposed Correspondence Information: Jura Zibas of  Wilson Elser Moskowitz Edelman & Dicker LLP
      150 East 42nd Street
      NEW YORK, New York (NY) 10017
      United States
The docket/reference number is 12886.00004.


The phone number is (212) 915-5756.

The fax number is (212) 490-3038.

The email address is jura.zibas@wilsonelser.com;trademark@wilsonelser.com.

The registrant hereby appoints Jura Zibas, 150 East 42nd Street, New York, New York (NY) United States (USX) 10017 as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The phone number is (212) 915-5756.

The fax number is (212) 490-3038.

The email address is jura.zibas@wilsonelser.com.

A fee payment in the amount of $1000 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: /jcz/      Date: 04/03/2013
Signatory's Name: Jura Zibas
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: (212) 915-5756

Mailing Address (current):
   JORDAN AND HAMBURG, LLP
   122 E 42ND ST RM 4000
   NEW YORK, New York 10168-0069

Mailing Address (proposed):
   Wilson Elser Moskowitz Edelman & Dicker LLP
   150 East 42nd Street
   NEW YORK, New York 10017

Serial Number: 76309151
Internet Transmission Date: Wed Apr 03 11:47:30 EDT 2013
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XX-2013040311473
0932344-2735958-5008921bd44f9b76d6b66445
e5068b4b8ab32ca4951b48df91bb3f5b44456f5-
DA-8943-20130403111555963251