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: 77730638

Filing Date: 05/06/2009

To the Commissioner for Trademarks:

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

The applicant, MERZ PHARMACEUTICALS, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      4215 Tudor Lane
      Greensboro, North Carolina 27410
      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 the following:

       International Class 003:  Bath salts and bath powders, bath oils, bath lotions, bath gels, skin creams, skin lotions and gels for moisturizing and soothing the skin by application either to the skin or to the bath water in a concentrated form
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:
G. Patrick SAGE and Joanna T. FRENCH of HUESCHEN AND SAGE, PLLC

      Seventh Floor, Kalamazoo Building
      107 West Michigan Avenue
      Kalamazoo, Michigan 40997
      United States
The attorney docket/reference number is MERZ LLC FTM 74.

The applicant's current Correspondence Information:

G. Patrick SAGE

HUESCHEN AND SAGE, PLLC

Seventh Floor, Kalamazoo Building       107 West Michigan Avenue

Kalamazoo, Michigan 40997

269-382-0030(phone)

269-382-2030(fax)

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: /gpsage/   Date Signed: 05/06/2009
Signatory's Name: G. Patrick SAGE
Signatory's Position: Attorney of Record, MI



RAM Sale Number: 2612
RAM Accounting Date: 05/07/2009

Serial Number: 77730638
Internet Transmission Date: Wed May 06 16:23:04 EDT 2009
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2009050616230451
3634-77730638-400cd29ce8c2cd01311f62a952
850d1a72e-DA-2612-20090506160754159353