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: CALIBER(Standard Characters, see http://uspto.report/TM/85778429/mark.png)
SERIAL NUMBER: 85778429



The applicant, Stewart, Brandon, having an address of
      1840 41st Ave Ste 102-343
      Capitola, California 95010
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Cases for eyeglasses and sunglasses; Cases for spectacles and sunglasses; Chains for spectacles and for sunglasses; Dust protective goggles and masks; Eyewear, namely, sunglasses, eyeglasses and ophthalmic frames and cases therefor; Eyewear, namely, sunglasses; Frames for spectacles and sunglasses; Goggles for sports; Lenses for sunglasses; Motorcycle goggles; Nose guards which can be worn by attachment to eyewear such as sunglasses and ski goggles; Ski goggles; Snow goggles; Spectacles and sunglasses; Sport goggles for use in action sports; Sunglass chains and cords; Sunglass lenses; Sunglasses; Sunglasses and spectacles

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 04/16/2012, and first used in commerce at least as early as 04/16/2012, 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) The specimens contain a screenshot of applicant's website and a photograph of applicant's sunglasses product showing the applied-for mark used in commerce in connection with Class 9 goods..

Original PDF file:
SPN0-231251289-185022882_._85778429_-_S2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-231251289-185022882_._85778429_-_S3.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. The applicant's current Correspondence Information: Christina M. Gagnier of  Gagnier Margossian LLP
      101 Townsend Street
      San Francisco, California (CA) 94107
      United States (USX)

The applicant's proposed Correspondence Information: Christina M. Gagnier of  Gagnier Margossian LLP
      224 Townsend Street
      224 Townsend Street
      San Francisco, California (CA) 94107
      United States (USX)


The phone number is 4157664591.

The fax number is 9099721639.

The email address is gagnier@gamallp.com;wiebe@gamallp.com.

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: /Christina M. Gagnier/      Date Signed: 04/15/2014
Signatory's Name: Christina M. Gagnier
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 415-766-4591

RAM Sale Number: 85778429
RAM Accounting Date: 04/16/2014

Serial Number: 85778429
Internet Transmission Date: Tue Apr 15 19:01:29 EDT 2014
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.X-20140415190129727
391-85778429-500a37f7ddbb588b0bda8297af5
5e406b42f5556c831098b7ce047df28de84af3-C
C-5322-20140415185022882213