PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

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

---

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: 2950671
REGISTRATION DATE: 05/10/2005

MARK: SPORTRX

The owner, SPORTRX LLC, a corporation of Delaware, having an address of
      5076 Santa Fe Street, SUITE A
      SAN DIEGO, California 92109
      United States
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 009, 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: Eyeglasses and sport-goggles ; 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) photograph of glasses with mark shown, and the cases, for the glasses, containing the mark.
Specimen File1
Specimen File2
The registrant's current Correspondence Information: GARY L EASTMAN of  Eastman & McCartney LLP
      401 West A Street, Suite 1785
      San Diego, California (CA) 92101
      United States


The registrant's proposed Correspondence Information: Gary L. Eastman of  Eastman & McCartney LLP
      401 West A Street, Suite 1785
      San Diego, California (CA) 92101
      United States
The docket/reference number is 1835-TM01.


The phone number is 619-230-1144.

The fax number is 619-230-1194.

The email address is gary@eastmanmccartney.com;docket@eastmanmccartney.com.
The registrant hereby appoints Gary L. Eastman of  Eastman & McCartney LLP
      401 West A Street, Suite 1785
      san diego, California 92101
      United States
to submit this Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9 on behalf of the registrant. The docket/reference number is 1835-TM01.

The phone number is 619-230-1144.

The fax number is 619-230-1194.

The email address is gary@eastmanmccartney.com.

A fee payment in the amount of $600 will be submitted with the form, representing payment for 1 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/services, or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


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 this submission, 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.

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


Signature: /Gary L. Eastman/      Date: 10/14/2015
Signatory's Name: Gary L. Eastman, Esq.
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 619-230-1144

Mailing Address:
   Eastman & McCartney LLP
   401 West A Street, Suite 1785
   san diego, California 92101

Serial Number: 76573369
Internet Transmission Date: Wed Oct 14 17:18:31 EDT 2015
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-201510141718
31615578-2950671-54047b2e5ec5d79830648d3
1782dc948a27f1e5f7f5dfb6e98c17556b3fdf31
45a-ET-4045-20151014164748909972