Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ENCORE
SERIAL NUMBER: 76324825

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, ENCORE MEDICAL ASSET CORPORATION, having an address of P.O. Box 530759, Henderson, Nevada United States 89053, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 010, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: wristlets, anklets, vests, mitts, or straight jackets that are intended for medical purposes necessary for the treatment of patients.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/01/2002, and first used in commerce at least as early as 09/01/2002, 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) Scanned copies of photographs of products.
Specimen-1
Specimen-2
Specimen-3
Specimen-4
Specimen-5
Specimen-6
Specimen-7
Specimen-8

The applicant hereby appoints Sheri R. Hunter to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 1033 76-K025US.

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


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /Harry L. Zimmerman/      Date Signed: 12/13/2006
Signatory's Name: Harry Zimmerman
Signatory's Position: Executive Vice President

RAM Sale Number: 125
RAM Accounting Date: 12/14/2006

Serial Number: 76324825
Internet Transmission Date: Wed Dec 13 15:09:39 EST 2006
TEAS Stamp: USPTO/SOU-XX.X.XXX.XX-200612131509394435
64-76324825-36090eeb6aee57db478c948a6a10
26fe32-DA-125-20061213105056343455


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