Statement of Use

PTO Form 1553 (Rev 9/2005)

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

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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: SWELL(Standard Characters, see http://uspto.report/TM/85524857/mark.png)
SERIAL NUMBER: 85524857



The applicant, WCAC Management, LLC, having an address of
      1231-B State Street
      Santa Barbara, California 93101
      United States
is submitting the following allegation of use information:

For International Class 044:
Current identification: Health spa services for health and wellness of the body and spirit, namely, providing massage, aquatic and movement therapy; physical therapy

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: aquatic and movement therapy; physical therapy

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Health spa services for health and wellness of the body and spirit, namely, providing massage
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 11/00/2012, and first used in commerce at least as early as 11/00/2012, 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) an advertisement.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. Section 1051(c) or a statement of use under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

DECLARATION: The signatory being 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 the application or submission or any registration resulting therefrom, declares 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: /Paul G Juettner/      Date Signed: 07/07/2014
Signatory's Name: Paul G. Juettner
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone: 312 360 0080

RAM Sale Number: 85524857
RAM Accounting Date: 07/07/2014

Serial Number: 85524857
Internet Transmission Date: Mon Jul 07 09:43:05 EDT 2014
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-201407070943050
09311-85524857-500c6d43093463a18a1ce12c7
efd7693e32384fe1a0118753a2e3682575a47177
a-CC-8753-20140707092330491904