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: 2711268
REGISTRATION DATE: 04/29/2003

MARK:  PRIMROSE

The owner, PRIMROSE RETIREMENT COMMUNITIES, LLC, having an address of
      815 NORTH SECOND STREET
      ABERDEEN, South Dakota 57402
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 043, 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 Troy Leonard of  WOODS FULLER SHULTZ & SMITH, P.C.
      300 South Phillips Avenue, Suite 300
      Sioux Falls, South Dakota 57104-6322
       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 9825-34023.

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: /troy leonard/      Date: 05/02/2008
Signatory's Name: Troy Leonard
Signatory's Position: Attorney of Record

Mailing Address (current):
   WOODS FULLER SHULTZ & SMITH, P.C.
   Suite 300
   Sioux Falls, South Dakota 57104-6322

Mailing Address (proposed):
   WOODS FULLER SHULTZ & SMITH, P.C.
   300 South Phillips Avenue, Suite 300
   Sioux Falls, South Dakota 57104-6322

Serial Number: 76429276
Internet Transmission Date: Fri May 02 17:23:34 EDT 2008
TEAS Stamp: USPTO/SECT15-XX.XX.XXX.XXX-2008050217233
4836424-2711268-4002d475e4f5ac62d1ceed41
3ca343e0ee-CC-2368-20080502171759303285