Statement of Use

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 1553 (Rev 09/2005)

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

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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 1553 (Rev 09/2005)

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: EOS(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86961558/large)
SERIAL NUMBER: 86961558
An Extension of Time form is being filed with the Allegation of Use.



The applicant, eos Products, LLC, having an address of
      Suite 811
      19 W. 44th Street
      New York, New York 10036
      United States
is submitting the following allegation of use information:

For International Class 003:
Current identification: cosmetics, namely, lip repairers; lip cream; lip gloss; face care products, namely, face lotion, face wash, face cream; body care products, namely, body lotions, body wash, body cream, hand cream and deodorants; Non-medicated acne treatment preparations; facial cleaning preparation, namely, salicylic acne cleanser not for medical purposes; shaving products, namely, shaving and preshaving creams

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 either being permanently deleted or included in a Request to Divide: Face care products, namely, face lotion, face wash, face cream; body care products, namely, body wash and deodorants; Non-medicated acne treatment preparations; facial cleaning preparation, namely, salicylic acne cleanser not for medical purposes

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: Cosmetics, namely, lip repairers; lip cream; lip gloss; body care products, namely, body lotions, body cream, hand cream; shaving products, namely, shaving and preshaving creams
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/01/2009, and first used in commerce at least as early as 03/01/2009, 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) website screenshots displaying the mark as used.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 005:
Current identification: Acne medications; Acne treatment preparations

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Cosmetics, namely, lip repairers; lip cream; lip gloss; body care products, namely, body lotions, body cream, hand cream; shaving products, namely, shaving and preshaving creams (Class 3)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Face care products, namely, face lotion, face wash, face cream; body care products, namely, body wash and deodorants; Non-medicated acne treatment preparations; facial cleaning preparation, namely, salicylic acne cleanser not for medical purposes (Class 3); Acne medications; acne treatment preparations (Class 5)

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

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $275 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The applicant is the owner of the mark sought to be registered.
	For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	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 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: /Sarah Slover/      Date Signed: 03/17/2017
Signatory's Name: Sarah Slover
Signatory's Position: General Counsel

Request to Divide Signature


Signature: /Anna E. Raimer/    Date: 03/17/2017
Signatory's Name: Anna E. Raimer
Signatory's Position: Attorney of record Texas and California bar member


RAM Sale Number: 86961558
RAM Accounting Date: 03/17/2017

Serial Number: 86961558
Internet Transmission Date: Fri Mar 17 13:18:49 EDT 2017
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-201703171318498
04954-86961558-58098f3e5a93fde3a83be9158
36f1d783cbc3c17220bf70ae25a8e41249462d85
59-DA-11201-20170306151810001993