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: 77792459

Filing Date: 07/29/2009

To the Commissioner for Trademarks:

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

The applicant, Duane Reade International, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      440 9th Avenue, 6th Floor
      New York, New York 10001
      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:  Tweezers; Nail implements; Cosmetic brushes; Cosmetic implements; Cosmetic applicators; make-up applicators; make-up implements; beauty products; beauty implements; make-up; cosmetics; cosmetic products; make-up products; hair care products; skin care products; Jewelry; mirrors; hair accessories; false eye lashes; false nails; cosmetic bags; nail polish remover; bath and shower accessories, namely, loofahs, brushes and gloves; cosmetic applicators , namely, wedges and pads; hairbrushes; cotton balls; facial wipes; massage oils; facial cleansers; facial creams; facial lotions; facial washes; skin clarifiers; skin cleansers; skin creams; skin conditioners; skin lotions; skin moisturizer; skin soaps; skin toners; hair dressings for men; hair conditioner; hair shampoo; hair gels; hair care preparations; hair cleaning preparations; hair styling preparations; hair creams; beauty creams for body care; body and beauty care cosmetics; body and beauty care preparations; body creams; body cream soap; body lotions; body oils; body powder; body scrub; body sprays; cosmetic preparations for body care; cosmetic products for the face and body, namely, creams, lotions, gels, mists, scrubs and oils; deodorants for body care; body spray used as a personal deodorant and as fragrance; deodorant for personal use; face and body beauty creams; face and body creams; liquid soaps for hands, face and body; hair lotions; lotions for face and body care; make-up products for the face and body; non-medicated body soaps; soaps for body care; toning lotion, for the face, body and hands; cologne water; toilet water; bath beads; bath crystals; shower and bath foams; shower and bath gels; bath lotion; bath oils; bath powder; bath salts; bath soaps in liquid, solid or gel form; mineral salt in the nature of bath salts not for medical purposes; hair tonics; hair cleansers; hair waving lotion; scented oils used to produce aromas when heated; aromatherapy creams; aromatherapy lotions; aromatherapy oils; essential oils for personal use; body and beauty care cosmetics; cosmetic cleansing creams; cosmetic creams; cosmetic oils; cosmetic preparations for skin renewal; cosmetic preparations and products for skin and body care, namely, creams, lotions, gels, mists, scrubs and oils; cosmetic products for the face and body, namely, creams, lotions, gels, mists, scrubs and oils; cosmetic soaps; face creams for cosmetic use; shaving preparations; shaving balms; make-up products for the face and body; make-up removers; perfumes; beauty masks; skin masks; beauty serums; skin care products, namely, non-medicated skin serum; lip balm; balms for skin; bath milks; beauty milks; face and body milks; cleansing milks; cosmetic milks; moisturizing milks; make-up removing milk, gel, lotions and creams; eye compresses for cosmetic purposes; after sun creams; after sun lotions; non-medicated sun care preparations; sun care lotions; sun creams; after-shave balms; after-shave creams; after-shave emulsions; after-shave gel; after-shave lotions
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:
Frank S. Benjamin and Leah D. Jackson of McKenna Long & Aldridge, LLP
      303 Peachtree Street, Suite 5300
      Atlanta, Georgia 30308
      United States
The attorney docket/reference number is 30043.0015.

The applicant's current Correspondence Information:

Frank S. Benjamin

McKenna Long & Aldridge, LLP

303 Peachtree Street, Suite 5300

Atlanta, Georgia 30308

(404) 527-4986(phone)

(404) 527-4198(fax)

fbenjamin@mckennalong.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: /fsb/   Date Signed: 07/29/2009
Signatory's Name: Frank S. Benjamin
Signatory's Position: Attorney of Record



RAM Sale Number: 3115
RAM Accounting Date: 07/30/2009

Serial Number: 77792459
Internet Transmission Date: Wed Jul 29 16:36:42 EDT 2009
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-200907291636421676
29-77792459-4003adf2a75c4a1e48b42a2edfd4
5c18-DA-3115-20090729161909294975