TEAS Plus New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 88628798

Filing Date: 09/24/2019

To the Commissioner for Trademarks:

MARK: SWITCH (Standard Characters, see mark)
The literal element of the mark consists of SWITCH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SWITCH VISION LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      97 FAIRFIELD ROAD
      FAIRFIELD, New York 07004
      United States
      212-380-3623(phone)
      jrl@gs2law.com

requests registration of the trademark/service mark identified above 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, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Eyewear, namely, eyeglass and sunglass frames having interchangeable lenses; specifically designed interchangeable lenses to fit eyeglass and sunglass frames; cases for aforementioned frames and lenses.

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 05/30/2009, and first used in commerce at least as early as 05/30/2009, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photographs of the mark as used in commerce on eyewear products, product packaging, interchangeable lens and lens packaging; Screenshot of SWITCHVISION website showing use of the mark at point of online product purchase..
Specimen File1
Specimen File2
Specimen File3
Specimen File4


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4077438.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 05/30/2009, and in commerce at least as early as 05/30/2009.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

For informational purposes only, applicant's website address is: www.gs2law.com
The applicant hereby appoints John R. Lane. John R. Lane of GARSON SEGAL STEINMETZ FLADGATE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 11R
      164 West 25th Street
      New York, New York 10001
      United States
      212-380-3623(phone)
      jrl@gs2law.com (authorized).
The attorney docket/reference number is JRL.
John R. Lane 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.

The applicant's current Correspondence Information:

John R. Lane

GARSON SEGAL STEINMETZ FLADGATE LLP

Suite 11R       164 West 25th Street

New York, New York 10001

212-380-3623(phone)

jrl@gs2law.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /John R. Lane/   Date: 09/24/2019
Signatory's Name: John R. Lane
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-380-3623
Payment Sale Number: 88628798
Payment Accounting Date: 09/24/2019

Serial Number: 88628798
Internet Transmission Date: Tue Sep 24 15:28:07 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201909241528070
73455-88628798-61056ae338032f2ed64f86258
c0f24ad35393aab597927f8047aa37be99eb52f-
CC-28060225-20190924144221727598