Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: LITTLE DIPPER
SERIAL NUMBER: 77008685

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Nomaco, Inc., having an address of 501 NMC Drive, Zebulon, North Carolina United States 27597, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 028:
Current identification: toys in the nature of flexible foam rods for recreational use, flexible 'Foam floatation toys containing connectors specifically designs for joining foam toy rods, sold as a unit, flexible foam construction toys, and flexible foam floatation toys

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/01/2006, and first used in commerce at least as early as 12/01/2006, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digial photograph of labels affixed to the goods and a display for the goods.
Specimen File1

The applicant hereby appoints Melvin I. Stoltz of  LAW OFFICES OF MELVIN I. STOLTZ, 51 CHERRY ST, MILFORD, Connecticut United States 06460-8901 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 319F-321.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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: /Melvin I. Stoltz/      Date Signed: 01/21/2008
Signatory's Name: Melvin I. Stoltz
Signatory's Position: Attorney for Applicant

Mailing Address:
   LAW OFFICES OF MELVIN I. STOLTZ
   
   51 CHERRY ST
   MILFORD, Connecticut 06460-8901

Mailing Address:
   LAW OFFICES OF MELVIN I. STOLTZ
   
   51 CHERRY ST
   MILFORD, Connecticut 06460-8901

RAM Sale Number: 8127
RAM Accounting Date: 01/22/2008

Serial Number: 77008685
Internet Transmission Date: Mon Jan 21 09:43:55 EST 2008
TEAS Stamp: USPTO/SOU-XX.XXX.X.XX-200801210943559977
84-77008685-400746db89c3bdb12c73f536c3fb
1758ebf-CC-8127-20080121093959399161