Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78376079
Filing Date: 03/01/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of NO MERCY.

The applicant, MCIII Productions, Inc., a corporation of Florida, residing at 7751 N.W. 146 Street, Miami Lakes, FL, USA, 33016, 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 009: musical sound recordings; prerecorded records, audio cassettes, compact discs and CD-Roms featuring music and lyrics; prerecorded video tapes featuring musical entertainment; laser discs featuring musical entertainment; video discs featuring musical entertainment; multimedia software recorded on CD-Rom featuring musical entertainment
      International Class 041: entertainment in the nature of live performances by a musical group

In International Class 009, the mark was first used at least as early as 01/00/1997, and first used in commerce at least as early as 01/00/1997, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Compact disc cover.

      Specimen - 1

In International Class 041, the mark was first used at least as early as 01/00/1997, and first used in commerce at least as early as 01/00/1997, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) poster for the services.

      Specimen - 1

The applicant hereby appoints Robert C. Kain, Jr. and Martin Fleit, Jon Gibbons, Jose Gutman, Steve Bongini, Paul Bianco of Fleit, Kain, Gibbons, Gutman, Bongini & Bianco, P.L., Suite 100, 750 Southeast Third Avenue, Ft. Lauderdale, FL, USA, 33316 to submit this application on behalf of the applicant. The attorney docket/reference number is 6709-3.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: ekotler@fleitkain.com.

A fee payment in the amount of $670 will be submitted with the application, representing payment for 2 class(es).

Declaration

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, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application 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 application is being filed under 15 U.S.C. Section 1051(b), 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: /rck/   Date: 03/01/2004
Signatory's Name: Robert C. Kain, Jr.
Signatory's Position: Attorney


Mailing Address:
     Robert C. Kain, Jr.
     Suite 100
     750 Southeast Third Avenue
     Ft. Lauderdale, FL 33316

RAM Sale Number: 951
RAM Accounting Date: 03/01/2004

Serial Number: 78376079
Internet Transmission Date: Mon Mar 01 09:53:03 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20040301095303115029
-78376079-200b7674de01ee140198be6f12eca1
1bc26-ET-951-20040301095044972235