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: 77419857

Filing Date: 03/12/2008

To the Commissioner for Trademarks:

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

The applicant, EBI, L.P., a limited partnership legally organized under the laws of Indiana, having an address of
      100 Interpace Parkway
      Parsippany, New Jersey 07054
      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 010:  Growth control plate system comprised of plates, screws, wires, guides, trochars, and instrumentation therefor
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 Lisabeth H. Coakley and Any and all attorneys associated with Harness, Dickey & Pierce, P.L.C. of Harness, Dickey & Pierce, P.L.C.
      Suite 200
      5445 Corporate Drive
      Troy, Michigan 48098
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 5490TE.

Correspondence Information:	Lisabeth H. Coakley
	Suite 200
	5445 Corporate Drive
	Troy, Michigan 48098
	248-641-1600(phone)
	248-641-0270(fax)
	docketingtm@hdp.com (authorized)

A fee payment in the amount of $325 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: /lhc/   Date Signed: 03/12/2008
Signatory's Name: Lisabeth H. Coakley
Signatory's Position: Attorney of record



RAM Sale Number: 8647
RAM Accounting Date: 03/12/2008

Serial Number: 77419857
Internet Transmission Date: Wed Mar 12 13:55:26 EDT 2008
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20080312135526
294984-77419857-400baefda22d639dcc90667a
9a85a0926-DA-8647-20080312135400982183