PR-Section 8

PTO Form 1553 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 1553 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2915791
REGISTRATION DATE: 01/04/2005

MARK: EYESIGHTS

The owner, LIVE EYEWEAR, INC., a corporation of California, having an address of
      3490 Broad Street
      San Luis Obispo, California 93401
      United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 009, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  eyeglass chains and eyeglass cleaning kits comprised of eyeglass cleaning cloths

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: Protective eyewear, namely spectacles, anti-glare glasses and sunglasses and accessories, namely eyeglass cords and cases specially adapted for spectacles and sunglasses and their accessories.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph of the Eyesights eyewear, packaging, case and lenses..
Specimen File1
The registrant's current Attorney Information: Jay L. Raftery, Jr. of  LIVE EYEWEAR, INC.
      3490 BROAD STREET
      SAN LUIS OBISPO, California (CA) 93401
      United States (USX)

The registrant's proposed Attorney Information: Jay L. Raftery, Jr. of  LIVE EYEWEAR, INC.
      3490 BROAD STREET
      SAN LUIS OBISPO, California (CA) 93401
      United States (USX)


The phone number is 805-782-5070.

The fax number is 805-782-5077.

The email address is jraftery@liveeyewear.com.
The registrant's current Correspondence Information: JAY L. RAFTERY, JR. of  LIVE EYEWEAR, INC.
      3490 BROAD STREET
      SAN LUIS OBISPO, California (CA) 93401
      United States (USX)

The registrant's proposed Correspondence Information: JAY L. RAFTERY, JR. of  LIVE EYEWEAR, INC.
      3490 BROAD STREET
      SAN LUIS OBISPO, California (CA) 93401
      United States (USX)


The phone number is 805-782-5070.

The fax number is 805-782-5077.

The email address is jraftery@liveeyewear.com.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


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.


Signature: /Jay L. Raftery, Jr./      Date: 01/04/2011
Signatory's Name: Jay L. Raftery, Jr.
Signatory's Position: General Counsel

Mailing Address (current):
   LIVE EYEWEAR, INC.
   3490 BROAD STREET
   SAN LUIS OBISPO, California 93401

Mailing Address (proposed):
   LIVE EYEWEAR, INC.
   3490 BROAD STREET
   SAN LUIS OBISPO, California 93401

Serial Number: 76555754
Internet Transmission Date: Tue Jan 04 12:08:08 EST 2011
TEAS Stamp: USPTO/SECT08-XX.XXX.XXX.XXX-201101041208
08077881-2915791-470ea4d74833e8516f7b26f
53969ae37fae-CC-9722-2011010411514180543
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