Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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

To the Commissioner for Trademarks:

MARK: SYNCHRONY
SERIAL NUMBER: 78759248

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, CARL ZEISS VISION INC., having an address of 10590 WEST OCEAN AIR DRIVE, TORREY VIEW CORPORATE CENTERSUITE 300, SAN DIEGO, California United States 92130, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 009:
Current identification: optical goods and apparatus, namely, spectacles, sunglasses, coated lenses, lens blanks, lens wafers; ophthalmic lenses of all types, namely, coated lenses, spectacle lenses, sunglasses lenses and progressive lenses; replacement parts for all the aforesaid goods

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/01/2005, and first used in commerce at least as early as 07/01/2005, 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) scanned copy of Applicant's packaging for the goods.
Specimen File1

The applicant hereby appoints Richard W. Young and Richard W. Young, Edwin A. Getz, Barry W. Sufrin, Darren S. Cahr, Melissa S. Dillenbeck, David J. Moorhead and Jeffrey T. Baravetto of  Drinker Biddle & Reath LLP, 191 N. Wacker Drive, Suite 3700, Chicago, Illinois United States 60606 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is SOL017USA.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


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 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: /nicolemmurray/      Date Signed: 10/25/2007
Signatory's Name: Nicole M. Murray
Signatory's Position: One of the Attorneys of Record for Applicant

Mailing Address:
   Drinker Biddle & Reath LLP
   191 N. Wacker Drive
   Suite 3700
   Chicago, Illinois 60606

Mailing Address:
   Drinker Biddle & Reath LLP
   191 N. Wacker Drive
   Suite 3700
   Chicago, Illinois 60606

RAM Sale Number: 6024
RAM Accounting Date: 10/25/2007

Serial Number: 78759248
Internet Transmission Date: Thu Oct 25 11:32:48 EDT 2007
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XX-20071025113248600
244-78759248-400d5fbb8c5167fe12fec2c7dc2
983d324-DA-6024-20071025112245170437