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: 77132789

Filing Date: 03/16/2007

To the Commissioner for Trademarks:

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

The applicant, Trish McEvoy, Ltd., a corporation of New York, having an address of 800A Fifth Avenue, New York, New York, United States, 10021, 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, namely, foundation, concealer, blush, pressed powder, mascara, eye liner, eye pencils, eye shadow, lipstick, lip liner, lip pencils, lip gloss , toilet soap, skin moisturizers and lotions, skin cleansing creams and lotions, toner, and astringents for cosmetic purposes.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The applicant hereby appoints Alexandre A. Montagu of Alexandre A. Montagu, P.C., Suite 10C, 1060 Park Avenue, New York, New York, United States, 10128 to submit this application on behalf of the applicant.

Correspondence Information:	Alexandre A. Montagu
	Suite 10C
	1060 Park Avenue
	New York, New York 10128
	trademarks@montagulaw.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: /mrizzo/   Date Signed: 03/16/2007
Signatory's Name: Michael R. Rizzo
Signatory's Position: legal counsel - Alexandre A. Montagu, P.C.



RAM Sale Number: 1498
RAM Accounting Date: 03/16/2007

Serial Number: 77132789
Internet Transmission Date: Fri Mar 16 11:41:47 EDT 2007
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2007031611414799
6233-77132789-37090edd598306465bf578337a
71cd8a4db-DA-1498-20070316113717067574