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: 77110646

Filing Date: 02/19/2007

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The mark consists of a voice singing "seven seven three, two oh two LU NA." The phrase "seven seven three" consists of two eighth notes 'E' ascending to two eighth notes 'G', down to a half note 'C'. The phrase "two oh two" consists of an eighth note down to 'B', a quarter note up to 'D', and a eighth note tied into a half note down to 'G'. The word "LUNA" is heard as two syllables, the first a quarter note up to a 'B' and then finally a second half note up to 'C'. Firectly preceding the word LUNA is heard four DTMF (telephone touch pad) tones in quick succession suggesting dialing of a phone.
The applicant, Luna Carpet & Blinds Co., Inc., a corporation of Illinois, having an address of 9827 W. Farragut, Rosemont, Illinois, United States, 60018, 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 037:  Installation services in the fields of carpeting, flooring, and window treatments

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 037, the mark was first used at least as early as 05/00/1996, and first used in commerce at least as early as 05/00/1996, 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) commercial.
Specimen File1

       International Class 035:  Shop-at-home, retail store and on-line retail store services in the fields of carpeting, flooring, and window treatments

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 035, the mark was first used at least as early as 05/00/1996, and first used in commerce at least as early as 05/00/1996, 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) commercial.
Specimen File1

The applicant hereby appoints Adam K Sacharoff and Daniel Liutikas of Much Shelist, 191 N Wacker Drive, Suite 1800, Chicago, Illinois, United States, 60606 to submit this application on behalf of the applicant. The attorney docket/reference number is 0002896.0002.

Correspondence Information:	Adam K Sacharoff
	191 N Wacker Drive, Suite 1800
	Chicago, Illinois 60606
	312-521-2775(phone)
	312-521-2875(fax)
	asacharoff@muchshelist.com (authorized)

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 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: /SteveDeZara/   Date Signed: 02/19/2007
Signatory's Name: Steve DeZara
Signatory's Position: President



RAM Sale Number: 1916
RAM Accounting Date: 02/20/2007

Serial Number: 77110646
Internet Transmission Date: Mon Feb 19 14:19:54 EST 2007
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2007021914195435
8382-77110646-360543b5344ee974ba55446f5f
9be90211e-DA-1916-20070219140210620802