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: 77396632

Filing Date: 02/14/2008

To the Commissioner for Trademarks:

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

The applicant, Ivoclar Vivadent, Inc., a corporation of Delaware, having an address of
      175 Pineview Drive
      Amherst, New York 14228
      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:  Materials for use in dentistry, namely zirconium oxide for the manufacture of impressions, models, crowns and bridges, inlays, dentures, artificial teeth, dental alloys; dental filling materials; materials for cavity treatment, namely zirconium oxide; dental ceramic stratum; color stains for use in dentistry; precious metal alloys and non-precious metal alloys for dental technology; investment material for use in dentistry, namely phosphate investment for dental casting alloys and pressing of ceramic materials for dentistry purposes; opaque materials for use in dentistry, namely, opaque dental ceramics and opaque dental amalgams; ingots made of resin, metal or ceramic for dental restorations

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 11/14/2005, and first used in commerce at least as early as 11/14/2005, 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) instructions for use.
Specimen File1

       International Class 010:  Apparatus and instruments for dental technology, namely artificial teeth and veneers, crowns and bridges, tooth pins; materials for the restoration of damaged teeth, namely crowns, bridges and inlay bridges; prefabricated parts for crowns, bridges and pontics

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 11/14/2005, and first used in commerce at least as early as 11/14/2005, 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) instructions for use.
Specimen File1


The applicant hereby appoints Paul V. Nunes of Underberg & Kessler LLP
      300 Bausch & Lomb Place
      Rochester, New York 14604
      United States
to submit this application on behalf of the applicant.

Correspondence Information:	Paul V. Nunes
	300 Bausch & Lomb Place
	Rochester, New York 14604
	585-258-2853(phone)
	585-258-2821(fax)
	pnunes@underbergkessler.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 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: /Alan S. Korman/   Date Signed: 02/14/2008
Signatory's Name: Alan S. Korman
Signatory's Position: Vice President - General Counsel



RAM Sale Number: 6014
RAM Accounting Date: 02/14/2008

Serial Number: 77396632
Internet Transmission Date: Thu Feb 14 09:37:22 EST 2008
TEAS Stamp: USPTO/BAS-XX.X.XXX.XX-200802140937225722
19-77396632-40047cdfff9d28fd7d446cff1eb7
ab4bd91-CC-6014-20080214092113118501