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

Serial Number: 77395414

Filing Date: 02/12/2008

To the Commissioner for Trademarks:

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

The applicant, Mentor Corporation, a corporation of Minnesota, having an address of
      201 Mentor Drive
      Santa Barbara, California 93111
      United States
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 005:  Dermal filler kits comprising a pre-filled syringe; Self contained syringes and ampules for dispensing prepackaged hyaluronic acid and derivatives thereof alone, or in combination with other polysaccharides, and with or without lidocaine, injected under the skin, used to reduce or eliminate fine lines and wrinkles, fill scars and contour the lips and face; Pharmaceutical preparations for use in dermatology, oncology, hematology and in tissue and organ transplantation, in ophthalmology and for gastroenterological disorders; pharmaceutical preparations for use in the prevention and treatment of disorders of the nervous system, the immune system, the cardio-vascular system, the metabolic system, the respiratory system, the musculo-skeletal system, the genitourinary system, and for the treatment of inflammatory disorders

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 005, the mark was first used at least as early as 00/00/1970, and first used in commerce at least as early as 00/00/1970, 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) scanned image of Applicant's product packaging.
Specimen File1

       International Class 010:  Silicone and saline breast implants; breast implants consisting of artificial materials and parts and components therefore; plastic surgery products, namely, mammary prostheses, tissue expanders, facial implants, chin implants, malar implants, rhinoplasty prostheses, injection port detectors; Medical apparatus and instruments, namely reinforcement patch for use as port protector for access ports of implantable medical devices such as tissue expanders and breast implants; ultrasonic and traditional liposuction surgical equipment, namely, ultrasonic consoles, ultrasonic generators, pumps, cannulae, patient positioners, patient compression bandages, aspiration and irrigation apparatus, tubing, filters, canisters, liners, and parts and fittings therefore

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 010, the mark was first used at least as early as 00/00/1969, and first used in commerce at least as early as 00/00/1969, 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) scanned image of Applicant's product label.
Specimen File1

       International Class 044:  Providing information to physicians and patients regarding breast implant sizing, breast implants, breast reconstruction, facial rejuvenation and cosmetic surgery; consultation services in the field of breast implants, breast reconstruction and cosmetic surgery; medical services in the nature of performing ultrasonic surgical procedures

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 044, the mark was first used at least as early as 08/00/2003, and first used in commerce at least as early as 08/00/2003, 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 Applicant's service guide.
Specimen File1


The applicant hereby appoints John M. Kim of IP Legal Advisors
      Suite 230
      1940 Garnet Avenue
      San Diego, California 92109
      United States
to submit this application on behalf of the applicant.

Correspondence Information:	John M. Kim
	Suite 230
	1940 Garnet Avenue
	San Diego, California 92109
	858-272-0227(phone)
	858-272-0221(fax)
	jkim@ipla.com (authorized)

A fee payment in the amount of $975 has been submitted with the application, representing payment for 3 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: /John M Kim/   Date Signed: 02/12/2008
Signatory's Name: John M. Kim
Signatory's Position: Attorney of record



RAM Sale Number: 3888
RAM Accounting Date: 02/13/2008

Serial Number: 77395414
Internet Transmission Date: Tue Feb 12 21:36:57 EST 2008
TEAS Stamp: USPTO/BAS-XX.X.XXX.XXX-20080212213657316
423-77395414-40028bb7fb415ef7698162d81c2
17c03b44-CC-3888-20080212212037475249