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: THETA (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85689953)
SERIAL NUMBER: 85689953



The applicant, Cephius LLC, having an address of
      933 North Wolcott Ave Unit 3
      Chicago, Illinois 60622-4941
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: cell phone and smart phone accessories namely ear phone and ear bud holders and stands

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 01/15/2013, and first used in commerce at least as early as 01/15/2013, 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) Product packaging.
Specimen File1


MISCELLANEOUS STATEMENTS
The undersigned respectfully submits that the specimen attached hereto should have been submitted with the timely filed Statement of Use. It appears that somehow the a file containing the Notice of Allowance was instead attached somehow in this application. If the error was, Applicant's Attorney's, it was unintentional.


A fee payment in the amount of $100 will be

A fee payment in the amount of $150 will be

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

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, or, if the form is being filed under 15 U.S.C. Section 1126(d) or (e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; 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: /Maureen R. Smith/      Date Signed: 08/23/2013
Signatory's Name: Maureen R. Smith
Signatory's Position: Attorney
Signatory's Phone: 312-213-3925

RAM Sale Number: 85689953
RAM Accounting Date: 08/23/2013

Serial Number: 85689953
Internet Transmission Date: Fri Aug 23 11:12:45 EDT 2013
TEAS Stamp: USPTO/PSE-XX.X.XXX.XX-201308231112450351
11-85689953-500daa4b2f4d274b6a2671c59d6d
61f0434e5724843eae2bb64e450c9ee3a30de-CC
-8889-20130823105049663586