Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77002545

Filing Date: 09/19/2006

To the Commissioner for Trademarks:

MARK: EMPIRE (Standard Characters, see mark)
The literal element of the mark consists of EMPIRE. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, National Paintball Supply, Inc., a corporation of Delaware, having an address of 570 Mantua Boulevard, Sewell, New Jersey, United States, 08080, 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.

       International Class 025:  Belts, board shorts, board skirts, gloves, hats, headbands, jackets, jerseys, long-sleeve shirts, pants, sandals, shoes, shorts, sweatshirts, t-shirts and vests

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 025, the mark was first used at least as early as 09/02/2004, and first used in commerce at least as early as 09/02/2004, 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) a photograph of the mark in use on the goods from company product catalog.
Specimen File1
The applicant claims ownership of U.S. Registration Number(s) 3093500.

The applicant hereby appoints Michael F. Snyder and John J. O'Malley; Joshua B. Ryan of Volpe and Koenig, P.C., Suite 1600, 30 S. 17th Street, Philadelphia, Pennsylvania, United States, 19103 to submit this application on behalf of the applicant. The attorney docket/reference number is NPS-TM020.4.

Correspondence Information:	Michael F. Snyder
	Suite 1600
	30 S. 17th Street
	Philadelphia, Pennsylvania 19103
	215-568-6400(phone)
	215-568-6499(fax)
	ptomail@volpe-koenig.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 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: /Eugenio Postorivo/   Date Signed: 09/19/2006
Signatory's Name: Eugenio Postorivo, Jr.
Signatory's Position: President



RAM Sale Number: 449
RAM Accounting Date: 09/20/2006

Serial Number: 77002545
Internet Transmission Date: Tue Sep 19 16:56:03 EDT 2006
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2006091916560387
1880-77002545-3505c7eb1f0cd516ca0c0b3ed5
42a4c785e-CC-449-20060919161913517517