Application

PTO Form 1478 (Rev 9/2006)

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

---

PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 77040956

Filing Date: 11/09/2006

To the Commissioner for Trademarks:

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

The applicant, Ayurvedic Concepts, Ltd. DBA Himalaya USA, a limited partnership legally organized under the laws of Texas, comprising of Concorp Management Company, a Texas corporation, having an address of 10440 Westoffice Dr., Houston, Texas, United States, 77042, 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:  Dietary supplements

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 005, the mark was first used at least as early as 03/15/1996, and first used in commerce at least as early as 04/17/1996, 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) digital image of a container for the goods.
Specimen File1
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

The applicant claims ownership of U.S. Registration Number(s) 2143692.

The applicant hereby appoints John S. Egbert and Jeremy Craft of Egbert Law Offices, 412 Main St., 7th Floor, Houston, Texas, United States, 77002 to submit this application on behalf of the applicant. The attorney docket/reference number is 1573-3.

Correspondence Information:	John S. Egbert
	412 Main St., 7th Floor
	Houston, Texas 77002
	713-224-8080(phone)
	713-223-4873(fax)
	mail@egbertlawoffices.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: /1573-3/   Date Signed: 11/09/2006
Signatory's Name: John S. Egbert
Signatory's Position: Attorney for Applicant



RAM Sale Number: 837
RAM Accounting Date: 11/13/2006

Serial Number: 77040956
Internet Transmission Date: Thu Nov 09 19:04:39 EST 2006
TEAS Stamp: USPTO/BAS-XX.XXX.X.XX-200611091904394108
87-77040956-3504c269ec3941f4d5a1db1dfc73
7b2281-CC-837-20061109185807329406