PR-Section 15

PTO Form 4.16 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 4.16 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2708809
REGISTRATION DATE: 04/22/2003

MARK:  LOLLIPOP

The owner, Zampini, James W., having an address of
      P.O. Box 1404
      Perry, Ohio 44081
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 031, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.

The registrant hereby appoints Fred W. Hathaway of  Buchanan Ingersoll & Rooney PC
      P.O. Box 1404
      ALEXANDRIA, Virginia 22313-1404
       United States
to file this Declaration of Incontestability of its mark under Section 15 on behalf of the registrant.  The attorney docket/reference number is 1015286-099.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


The owner, or its related company, has continuously used the mark in commerce on or in connection with the goods and/or services identified above, for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with the identified goods and/or services. The owner is filing this declaration within one (1) year after the expiration of either any five-year period of continuous use in commerce following registration, or any five-year period of continuous use in commerce after publication under § 12(c). There has been no final decision adverse to the owner's claim of ownership of such mark for such goods and/or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.

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: /FWH/      Date: 11/10/2008
Signatory's Name: Fred W. Hathaway
Signatory's Position: Attorney of Record, DC Bar Member

Mailing Address (current):
   Buchanan Ingersoll & Rooney PC
   P.O. Box 1404
   ALEXANDRIA, Virginia 22313-1404

Mailing Address (proposed):
   Buchanan Ingersoll & Rooney PC
   P.O. Box 1404
   ALEXANDRIA, Virginia 22313-1404

Serial Number: 76359848
Internet Transmission Date: Mon Nov 10 15:27:56 EST 2008
TEAS Stamp: USPTO/SECT15-XX.X.XXX.XXX-20081110152756
677558-2708809-4007544a2c410ffd5b73e9b74
dd3e91dbc3-DA-929-20081110152028080044