Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: PREVAIL
SERIAL NUMBER: 77777728
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Duane Reade International, LLC, having an address of
      6th Floor
      440 9th Avenue
      New York, New York 10001
      United States
is submitting the following allegation of use information:

For International Class 021:
Current identification: Cosmetic brushes; cosmetic implements, namely, foam applicator sticks for applying cosmetics, sponges for applying cosmetics, non-woven fabric wipes for applying and removing cosmetics; cosmetic applicators, namely, cosmetic spatulas for applying cosmetics, foam applicator sticks for applying cosmetics, brushes for applying cosmetics; make-up applicators, namely, foam, sponges, brushes, sponge wedges, and spatulas; bath and shower accessories, namely, loofah sponges and bath brushes; cosmetic applicators, namely, wedge-shaped facial sponges for applying make-up; hairbrushes; facial wipes, namely, non-woven fabric cosmetic wipes used solely for applying and removing cosmetics; facial sponges for applying make-up; stencils for applying make-up

This allegation of use does NOT cover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a Request to Divide: non-woven fabric wipes for applying and removing cosmetics; bath and shower accessories, namely, loofah sponges and bath brushes; hairbrushes; facial wipes, namely, non-woven fabric cosmetic wipes used solely for applying and removing cosmetics; stencils for applying make-up

The mark is in use in commerce on or in connection with the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Cosmetic brushes; cosmetic implements, namely, foam applicator sticks for applying cosmetics, sponges for applying cosmetics, cosmetic applicators, namely, cosmetic spatulas for applying cosmetics, foam applicator sticks for applying cosmetics, brushes for applying cosmetics; make-up applicators, namely, foam, sponges, brushes, sponge wedges, and spatulas; cosmetic applicators, namely, wedge-shaped facial sponges for applying make-up; facial sponges for applying make-up;
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/31/2010, and first used in commerce at least as early as 07/31/2010, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Copy of Applicant's products packaging depicting the mark as used in International Class 21.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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 may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; 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: /carympumphrey/      Date Signed: 09/08/2011
Signatory's Name: Cary M. Pumphrey
Signatory's Position: Senior Attorney, Intellectual Property, Walgreen Co.

RAM Sale Number: 11203
RAM Accounting Date: 09/08/2011

Serial Number: 77777728
Internet Transmission Date: Thu Sep 08 10:40:54 EDT 2011
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20110908104054368
733-77777728-480708f6c3684daa2c1677f9da0
c47e2831-CC-11203-20110907160645932963