Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

---

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: CMC(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76709256)
SERIAL NUMBER: 76709256
An Extension of Time form is being filed with the Allegation of Use.



The applicant, FGX International Inc., having an address of
      500 George Washington Highway
      Smithfield, Rhode Island 02917
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Eyewear; sunglasses; reading glasses; eyewear accessories, namely, eyewear cases, eyeglass holding chains; eyeglass retaining cords in the shape of rings, placed on eyeglass holding necklaces

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 00/00/1999, and first used in commerce at least as early as 00/00/1999, 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) a photograph of the product.
Specimen File1


For International Class 014:
Current identification: Jewelry, namely, charms

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


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 09
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 14

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

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; and that 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: /Jeffrey J. Giguere/      Date Signed: 12/19/2012
Signatory's Name: Jeffrey J. Giguere
Signatory's Position: EVP, General Counsel and Secretary
Signatory's Phone: 401-719-2109

Request to Divide Signature


Signature: /Kay Lyn Schwartz/    Date: 12/19/2012
Signatory's Name: Jeffrey J. Giguere
Signatory's Position: EVP, General Counsel and Secretary


RAM Sale Number: 11756
RAM Accounting Date: 12/20/2012

Serial Number: 76709256
Internet Transmission Date: Wed Dec 19 18:14:08 EST 2012
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20121219181408648
921-76709256-49048be22ce4c60a73c55b2349e
f1bd9-CC-11756-20121219150836027237