Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77702772

Filing Date: 03/31/2009

To the Commissioner for Trademarks:

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

The applicant, John Oakes, a citizen of United Kingdom, having an address of
      49A South Parade
      Ossett, West Yorkshire WF50EF
      United Kingdom
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 the following:

       International Class 010:  sex aides; marital aides; penis pumps
Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of European Community registration number 005210224, registered 05/29/2007 with a renewal date of 07/04/2016 and an expiration date of 07/04/2016, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

       International Class 016:  printed matter; instructional material; packaging; bags for packaging; boxes of cardboard or paper; all of the aforementioned goods being associated with or relating to sex aides, sex toys, marital aides or penis pumps
Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of European Community registration number 005210224, registered 05/29/2007 with a renewal date of 07/04/2016 and an expiration date of 07/04/2016, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

       International Class 028:  sex toys
Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of European Community registration number 005210224, registered 05/29/2007 with a renewal date of 07/04/2016 and an expiration date of 07/04/2016, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.


The applicant's current Attorney Information:
Peter Kunin and Lawrence H. Meier and Jamie J. Fitzgerald of Downs Rachlin Martin PLLC
      199 Main Street, P.O. Box 190
      Burlington, Vermont 05402-0190
      United States
The attorney docket/reference number is 10027-00088.

The applicant's current Correspondence Information:

Peter Kunin

Downs Rachlin Martin PLLC

199 Main Street, P.O. Box 190

Burlington, Vermont 05402-0190

(802) 863-2375(phone)

(802) 862-7512(fax)

tmip@drm.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 OAKES /   Date Signed: 03/31/2009
Signatory's Name: John Oakes
Signatory's Position: Owner



RAM Sale Number: 6901
RAM Accounting Date: 03/31/2009

Serial Number: 77702772
Internet Transmission Date: Tue Mar 31 09:04:09 EDT 2009
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-200903310904091612
24-77702772-400778f6fd6124fe4891125d9e7e
fb95011-CC-6901-20090330105927686106