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: MIXED
SERIAL NUMBER: 77114704

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

The applicant, Gap (Apparel), LLC, having an address of 2 Folsom Street, San Francisco, California United States 94105, 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 003:
Current identification: After sun creams; After-shave; After-sun lotions; Aromatherapy creams; Aromatherapy lotions; Aromatherapy oils; Bath beads; Bath foams; Bath gels; Bath lotion; Bath oils; Bath powder; Bath salts; Bath soaps in liquid, solid or gel form; Body and beauty care cosmetics; Body lotions; Body oils; Body powder; Body scrub; Body sprays; Body washes; Cologne; Eau de cologne; Eau de parfum; Eau de toilette; Hair care preparations; Hair cleaning preparations; Hair conditioners; Hair shampoo; Hand lotions; Hand soaps; Make-up products for the face and body; Non-medicated sun care preparations; Perfume; Room fragrances; Shaving gels; Shaving lotions; Shaving soap

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, except the following: After sun creams; After-sun lotions; Aromatherapy creams; Aromatherapy lotions; Aromatherapy oils; Bath beads; Bath foams; Bath gels; Bath lotion; Bath oils; Bath powder; Bath salts; Bath soaps in liquid, solid or gel form; Body and beauty care cosmetics; Body lotions; Body oils; Body powder; Body scrub; Body washes; Cologne; Eau de parfum; Eau de toilette; Hair care preparations; Hair cleaning preparations; Hair conditioners; Hair shampoo; Hand lotions; Hand soaps; Make-up products for the face and body; Non-medicated sun care preparations; Perfume; Room fragrances; Shaving gels; Shaving lotions; Shaving soap.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: After-shave; Eau de cologne; Body sprays. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/06/2007, and first used in commerce at least as early as 08/06/2007, 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) Photograph of eau de cologne.
Specimen File1


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: /lm/      Date Signed: 11/12/2007
Signatory's Name: Lindsey Mohle
Signatory's Position: Corporate Counsel

RAM Sale Number: 8557
RAM Accounting Date: 11/13/2007

Serial Number: 77114704
Internet Transmission Date: Mon Nov 12 16:44:58 EST 2007
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2007111216445849
1149-77114704-4001df234076da3670973976b3
3e7cb160-DA-8557-20071112163629204720