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: 77141789

Filing Date: 03/27/2007

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant claims color as a feature of the mark, namely, red. The mark consists of a lacquered red sole on footwear.
The applicant, Christian Louboutin, a citizen of France, having an address of 24 rue Victor Massé, Paris, France, 75009, 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 025:  women’s high fashion designer footwear

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 025, the mark was first used at least as early as 00/00/1992, and first used in commerce at least as early as 00/00/1992, 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) photograph of the goods listed in the application.
Specimen File1
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:
Original PDF file:
e2f-3-631381729-164606906_._Red_Soles_Design_Signed_2_f__Declaration__F0031429_.PDF
Converted PDF file(s) (6 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4
2(f) evidence-5
2(f) evidence-6

The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

The applicant hereby appoints Susan Upton Douglass of Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, New York, United States, 10017 to submit this application on behalf of the applicant. The attorney docket/reference number is CLOU 0609180.

The applicant hereby appoints Susan Upton Douglass of Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, New York, United States, 10017 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

Correspondence Information:	Susan Upton Douglass
	866 United Nations Plaza
	New York, New York 10017
	(212) 813-5900(phone)
	(212) 813-5901(fax)
	sdouglass@frosszelnick.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration



Signatory's Signature: signatory file
Signatory's Name: Christian Louboutin
Signatory's Position: Applicant



RAM Sale Number: 664
RAM Accounting Date: 03/28/2007

Serial Number: 77141789
Internet Transmission Date: Tue Mar 27 17:26:48 EDT 2007
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20070327172648554
077-77141789-370f0cbe433846aa5da1c578952
4f318c1-DA-664-20070327164606906504