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: 77007948

Filing Date: 09/26/2006

To the Commissioner for Trademarks:

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

The applicant, PIERRE FABRE MEDICAMENT, a SOCIETE ANONYME legally organized under the laws of France, having an address of 45, Place Abel Gance, BOULOGNE, France, 92100, 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 005:  Pharmaceutical preparations and substances, dietetic products for medical use, all these goods intended to break the habit of smoking.

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of France registration number 1003099, registered 12/02/1976 with a renewal date of 12/01/1996 and an expiration date of 12/01/2006, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.
The applicant claims ownership of U.S. Registration Number(s) 3047824.

Applicant claims ownership of U.S. Serial No. 79/008,168.

The applicant hereby appoints G. Patrick SAGE and Joanna T. FRENCH of HUESCHEN and SAGE PLLC, Seventh Floor, Kalamazoo Building, 107 West Michigan Avenue, Kalamazoo, Michigan, United States, 49007 to submit this application on behalf of the applicant. The attorney docket/reference number is PF FTM 356.

Correspondence Information:	G. Patrick SAGE
	Seventh Floor, Kalamazoo Building
	107 West Michigan Avenue
	Kalamazoo, Michigan 49007
	269 382 0030(phone)
	269 382 2030(fax)

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: /gpsage/   Date Signed: 09/26/2006
Signatory's Name: G. Patrick SAGE
Signatory's Position: Attorney



RAM Sale Number: 539
RAM Accounting Date: 09/27/2006

Serial Number: 77007948
Internet Transmission Date: Tue Sep 26 17:29:39 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2006092617293984
9015-77007948-3501588498546eeb8449ffafa1
7efd6e70-DA-539-20060926161930419297