Application

PTO Form 1478(a) (Rev 12/1999)

OMB Control #0651-0009 (Exp. 09/30/2008)

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PTO Form 1478(a) (Rev 12/1999)

OMB Control #0651-0009 (Exp. 09/30/2008)

Collective Trademark/Servicemark Form, Principal Register

Serial Number: 77111265
Filing Date: 02/20/2007

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of ESM.

The applicant, Eastern Sales & Marketing, LLC, a limited liability companyhaving an address of P.O. Box 409, 2 Van Riper Road, Montvale, New Jersey, United States, 07645, requests registration of the Collective 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.

Applicant is exercising legitimate control over the use of the mark in commerce by its members on or in connection with the below-identified goods/services. (15 U.S.C. Sections 1051(a) and 1054). The applicant submits or will submit one (1) SPECIMEN with this form showing the mark as used by the members in commerce.

      International Class 035: Cooperative advertising and marketing services; product merchandising; sales promotion services; retail services by direct solicitation by sales agents for manufacturers in the field of consumer packaged goods
      International Class 036: Brokerage in the field of consumer packaged goods

In International Class 035, the mark was first used at least as early as 06/05/1998 by group members, and first used in commerce at least as early as 06/05/1998 by group members, 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) scanned images of selected brochure pages and webpage.

      Specimen - 1
      Specimen - 2
      Specimen - 3
      Specimen - 4

In International Class 036, the mark was first used at least as early as 06/05/1998 by group members, and first used in commerce at least as early as 06/05/1998 by group members, 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) scanned images of selected brochure pages and webpage.

      Specimen - 1
      Specimen - 2
      Specimen - 3
      Specimen - 4

The applicant hereby appoints Vanessa A. Ignacio, Esq. and David Leit, Esq., Mark P. Kesslen, Esq. of Lowenstein Sandler PC, 65 Livingston Avenue, Roseland, New Jersey, United States, 07068-1791 to submit this application on behalf of the applicant. The attorney docket/reference number is 10137-17.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: lstrademark@lowenstein.com.

by written provisions

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 class(es).

Declaration

Signature:
Signatory's Name: Anthony J. Scudieri
Signatory's Position: President & Chief Operating Officer of Ferolie Corporation, Voting Member of Eastern Sales & Marketing, LLC

Signatory's Signature: Signature

Mailing Address:
     Vanessa A. Ignacio, Esq.
     65 Livingston Avenue
     Roseland, New Jersey 07068-1791

RAM Sale Number: 3089
RAM Accounting Date: 02/20/2007

Serial Number: 77111265
Internet Transmission Date: Tue Feb 20 12:48:52 EST 2007
TEAS Stamp: USPTO/TSM-XXX.XXX.X.XXX-2007022012485225
8704-77111265-36038b56a9dfc2b3918ffefa3e
84e6bcfb-DA-3089-2007022012393416605