Application

PTO Form 1478 (Rev 9/2006)

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

---

PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 77713655

Filing Date: 04/14/2009

To the Commissioner for Trademarks:

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

The applicant, YAMAGIWA CORPORATION, a corporation of Japan, having an address of
      1-1, Sotokanda 4-Chome, Chiyoda-Ku
      Tokyo
      Japan
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 011:  Lighting fixtures
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's current Attorney Information:
Howard N. Aronson and Nancy Dwyer Chapman, Renée L. Duff, Cathy E. Shore-Sirotin of Lackenbach Siegel LLP

      Lackenbach Siegel Building
      One Chase Road
      Scarsdale, New York 10583
      United States
The attorney docket/reference number is 14289.

The applicant hereby appoints Howard N. Aronson of Lackenbach Siegel LLP
      Lackenbach Siegel Building
      One Chase Road
      Scarsdale New York 10583
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Howard N. Aronson

Lackenbach Siegel LLP

Lackenbach Siegel Building       One Chase Road

Scarsdale, New York 10583

914-723-4300(phone)

914-723-4301(fax)

tmefs@LSLLP.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: /Nancy Dwyer Chapman/   Date Signed: 04/14/2009
Signatory's Name: Nancy Dwyer Chapman
Signatory's Position: Attorney of record, New York State bar member



RAM Sale Number: 2628
RAM Accounting Date: 04/15/2009

Serial Number: 77713655
Internet Transmission Date: Tue Apr 14 16:27:57 EDT 2009
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2009041416275779
4246-77713655-40094a4d73036c1c55dd47c34a
ba98bea5-DA-2628-20090414161957306118