| PTO Form 1553 (Rev 4/2000) |
| OMB Control #0651-0009 (Exp. 06/30/2005) |
Statement of Use Filing
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76351503 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
| NOTICE OF ALLOWANCE |
YES |
| EXTENSION OF USE |
YES |
| MARK SECTION |
| MARK |
MIDNIGHT |
| OWNER SECTION (current) |
| NAME |
PROCAPS ENCAPSULATION INC. |
| STREET |
6000 Kieran, St. Laurent |
| CITY |
Quebec |
| ZIP/POSTAL CODE |
H4S 2B5 |
| COUNTRY |
CA |
| OWNER SECTION (proposed) |
| NAME |
PROCAPS ENCAPSULATION INC. |
| STREET |
6000 Kieran Street |
| CITY |
Ville St. Laurent |
| STATE |
Quebec |
| ZIP/POSTAL CODE |
H4S 2B5 |
| COUNTRY |
CANADA |
| ATTORNEY SECTION |
| NAME |
Lisa Peller London |
| DOCKET NUMBER |
08193.0013 |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
028 |
| DELETE THE FOLLOWING GOODS AND/OR SERVICES |
Promotional items, namely shirts, jerseys, shorts, pants, t-shirts, sweatshirts, sweatpants, gloves, socks, footwear, hats, caps, and visors, in Class 25. Paintball guns for playing
a paintball combat game, in Class 28. |
| FIRST USE ANYWHERE DATE |
01/00/1999 |
| FIRST USE IN COMMERCE DATE |
01/00/1999 |
| SPECIMEN FILE NAME(S) |
\\ticrs\EXPORT11\IMAGEOUT 11\763\515\76351503\xml2\ SOU0002.JPG |
| SPECIMEN DESCRIPTION |
A picture of the packaging from Applicant's website |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL AMOUNT |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/Nick Karnis/ |
| SIGNATORY NAME |
Nicholas Karnis |
| SIGNATORY DATE |
10/08/2004 |
| SIGNATORY POSITION |
V.P. Legal |
| FILING INFORMATION |
| SUBMIT DATE |
Fri Oct 08 09:18:29 EDT 2004 |
| TEAS STAMP |
USPTO/SOU-XXX.XX.XXX.X-20
041008091829556004-763515
03-200a47c852b6f395c1fde9
244a58ccbcb6f-RAM-693-200
41007164738191581 |
| PTO Form 1553 (Rev 4/2000) |
| OMB Control #0651-0009 (Exp. 06/30/2005) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: MIDNIGHT
SERIAL NUMBER: 76351503
This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.
The applicant, PROCAPS ENCAPSULATION INC., residing at 6000 Kieran Street, Ville St. Laurent, Quebec CANADA H4S 2B5, 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: 028, 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: Promotional items, namely shirts, jerseys, shorts, pants, t-shirts, sweatshirts, sweatpants, gloves, socks, footwear, hats, caps, and visors, in Class
25. Paintball guns for playing a paintball combat game, in Class 28..
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/1999, and first used in commerce at least as early as
01/00/1999, 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) A picture of the packaging from Applicant's website.
Specimen-1
The applicant hereby appoints Lisa Peller London to submit this Statement of Use Filing on behalf of the applicant. The attorney docket/reference number is 08193.0013.
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: /Nick Karnis/ Date: 10/08/2004
Signatory's Name: Nicholas Karnis
Signatory's Position: V.P. Legal
RAM Sale Number: 693
RAM Accounting Date: 10/08/2004
Serial Number: 76351503
Internet Transmission Date: Fri Oct 08 09:18:29 EDT 2004
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.X-20041008091829556
004-76351503-200a47c852b6f395c1fde9244a5
8ccbcb6f-RAM-693-20041007164738191581
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