TEAS Plus New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 77285545

Filing Date: 09/21/2007

To the Commissioner for Trademarks:

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

The applicant, Procaps L.P., a limited partnership legally organized under the laws of Canada, comprising of Procaps G.P. Inc., a Canadian corporation, having an address of
      6000 Kieran Street
      Ville St. Laurent, Quebec H4S2B5
      Canada
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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Sports jerseys; Headgear, namely, caps

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 07/00/2002, and first used in commerce at least as early as 07/00/2002, and is now in use in such commerce. The applicant is submitting one specimen(s) 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) digital image of the mark on the goods.
Specimen File1


The applicant claims ownership of U.S. Registration Number(s) 3118456.

The applicant hereby appoints Christie Baty Heinze and each of the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
      901 New York Avenue, N.W.
      Washington, District of Columbia 20001
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 08193.0087.

The applicant hereby appoints Christie Baty Heinze of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

      901 New York Avenue, N.W.
      Washington District of Columbia 20001
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

Correspondence Information:	Christie Baty Heinze
	901 New York Avenue, N.W.
	Washington, District of Columbia 20001
	202.408.4000(phone)
	202.408.4400(fax)
	docketing@finnegan.com (authorized)

A fee payment in the amount of $275 has been 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: /kathryn macdougall/   Date Signed: 09/21/2007
Signatory's Name: Kathryn MacDougall
Signatory's Position: Chief Legal Officer, V.P. Corporate Affairs and Corporate Secretary



RAM Sale Number: 8757
RAM Accounting Date: 09/21/2007

Serial Number: 77285545
Internet Transmission Date: Fri Sep 21 12:44:26 EDT 2007
TEAS Stamp: USPTO/FTK-XX.XXX.X.XXX-20070921124426301
297-77285545-4009e9a2596da63b6a63f589cbe
01ef8-CC-8757-20070920171802458311