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: 77096255

Filing Date: 01/31/2007

To the Commissioner for Trademarks:

MARK: BAREMINERALS (stylized and/or with design, see mark)

The literal element of the mark consists of BAREMINERALS. The mark consists of a stylized version of our BAREMINERALS mark.
The applicant, Bare Escentuals Beauty, Inc., a corporation of Delaware, having an address of 22nd Floor, 71 Stevenson Street, San Francisco, California, United States, 94105, 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 003:  Cosmetics; make-up kits comprised of powders for the face and make-up brushes; make-up kits comprised of powders for the eyes and make-up brushes; make-up kits comprised of lipsticks; make-up brushes; self-tanning creams; body wash; body lotion; shower gel; and fragrance

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 003, the mark was first used at least as early as 00/00/1996, and first used in commerce at least as early as 00/00/1996, 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) a photograph of one of Applicant's products bearing the mark.
Specimen File1
The applicant claims ownership of U.S. Registration Number(s) 2321607 and 3090836.

The applicant hereby appoints Kimberly G. Russell, 22nd Floor, 71 Stevenson Street, San Francisco, California, United States, 94105 to submit this application on behalf of the applicant. The attorney docket/reference number is BE – 1023-1.

Correspondence Information:	Kimberly G. Russell
	22nd Floor
	71 Stevenson Street
	San Francisco, California 94105
	415.489.5165(phone)
	415.651.9226(fax)
	tmdocket@bareescentuals.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: /Kimberly G. Russell/   Date Signed: 01/31/2007
Signatory's Name: Kimberly G. Russell
Signatory's Position: Director of Intellectual Property and Senior Counsel



RAM Sale Number: 1052
RAM Accounting Date: 02/01/2007

Serial Number: 77096255
Internet Transmission Date: Wed Jan 31 19:48:41 EST 2007
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2007013119484151
0893-77096255-36055e8d47ded1485ccfa14ff5
fa969bc48-DA-1052-20070131194227907200