TEAS Plus New Application

PTO Form 1478 (Rev 9/2006)

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

---

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: 77447666

Filing Date: 04/14/2008

To the Commissioner for Trademarks:

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

The applicant, Carole Hochman Design Group, Inc., a corporation of Delaware, having an address of
      135 Madison Avenue
      New York, New York 10016
      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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Lingerie; Sleepwear

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 08/13/2007, and first used in commerce at least as early as 08/13/2007, 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 a nightgown.
Specimen File1
Specimen File2


The applicant hereby appoints Barry H. Fishkin and John F. Wilk of Phillips Nizer LLP
      666 Fifth Avenue
      New York, New York 10103
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 78795/001.

Correspondence Information:	Barry H. Fishkin
	666 Fifth Avenue
	New York, New York 10103
	212-841-0545(phone)
	212-262-5152(fax)
	bfishkin@phillipsnizer.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: /Barry H. Fishkin/   Date Signed: 04/14/2008
Signatory's Name: Barry H. Fishkin
Signatory's Position: Attorney of record



RAM Sale Number: 1703
RAM Accounting Date: 04/15/2008

Serial Number: 77447666
Internet Transmission Date: Mon Apr 14 16:27:26 EDT 2008
TEAS Stamp: USPTO/FTK-XX.XX.XX.XXX-20080414162726312
644-77447666-40047943bdf44decfc7d2c5d06d
34b2512a-DA-1703-20080414161902871107