PR-Section 8

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1563 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1563 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4592570
REGISTRATION DATE: 08/26/2014

MARK: CARBON38

Current: The owner, Carbon 38, Inc., a corporation of Delaware, having an address of
      9419 Charleville Blvd
      Beverly Hills, California 90212
      United States

Proposed: The owner, Carbon 38, Inc., a corporation of Delaware, having an address of
      10000 West Washington Blvd., Suite 800
      Culver City, California 90232
      United States
      XXXX
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 025, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Clothing, namely, tops, bottoms, sports bras, underwear, croptops, tank tops, long sleeve shirts, jackets, knit tops, sweatshirts, tights, pants, leggings, sweatpants, capris, track pants, socks and shoes ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Fabric label.
Specimen File1

The owner's/holder's current attorney information: PERRY J. VISCOUNTY. PERRY J. VISCOUNTY of LATHAM & WATKINS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      650 TOWN CENTER DRIVE, 20TH FL
      COSTA MESA, California 92626
      United States

The email address is IPDOCKET@LW.COM

The owner's/holder's proposed attorney information: Sophie Fix. Sophie Fix is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10000 West Washington Blvd., Suite 800
      Culver City, California 90232
      United States

The phone number is 7738823559.

The email address is sophie@carbon38.com

Sophie Fix submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      PERRY J. VISCOUNTY
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDOCKET@LW.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Sophie Fix
      PRIMARY EMAIL FOR CORRESPONDENCE: sophie@carbon38.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $125 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /sophiefix/    Date: 04/03/2020
Signatory's Name: Sophie Fix
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone: 7738823559

Mailing Address (current):
   LATHAM & WATKINS LLP
   650 TOWN CENTER DRIVE, 20TH FL
   COSTA MESA, California 92626

Mailing Address (proposed):
   
   10000 West Washington Blvd., Suite 800
   Culver City, California 90232

Serial Number: 86169310
Internet Transmission Date: Fri Apr 03 16:59:57 ET 2020
TEAS Stamp: USPTO/SECT08-XXXX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX:XXXX-20200403165957670504-459257
0-710c2a7ed901be4e5512579ac705d906adc2d2
e2adf4a5d7037425c6af6b8fd7184-CC-5956856
1-20200403164443891666