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: 77003625

Filing Date: 09/20/2006

To the Commissioner for Trademarks:

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

The applicant, SMG Trust, a trust legally organized under the laws of Delaware, comprising of Michael F. Solomon a U.S. Citizen, having an address of Shaw Pittman, LLP 2300 N Street NW, Washington, District of Columbia, United States, 20037, 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 _______: Apparatus to manipulate a set of acoustical and audiological assessments, which define one¹s capabilities to hear uniformly namily, full frequency bands of music, dynamic range, and maximum level of loudness before annoyance
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The applicant hereby appoints Jon Gibbons and Jose Gutman of Fleit, Kain, Gibbons, Gutman, Bongini & Bianco PL, 551 NW 77th Street, Suite 111, Boca Raton, Florida, United States, 33487 to submit this application on behalf of the applicant. The attorney docket/reference number is 537-T0016.

Correspondence Information:	Jon Gibbons
	551 NW 77th Street, Suite 111
	Boca Raton, Florida 33487
	561-989-9811(phone)
	561-989-9812(fax)
	TMBoca@FocusOnIP.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: /steven goldstein/   Date Signed: 09/20/2006
Signatory's Name: Steve Goldstein
Signatory's Position: Applicant



RAM Sale Number: 670
RAM Accounting Date: 09/21/2006

Serial Number: 77003625
Internet Transmission Date: Wed Sep 20 17:43:59 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20060920174359715
332-77003625-350c7cd18e717bb1199fab07ba9
698481a6-CC-670-20060919211325216896