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: 77837407

Filing Date: 09/29/2009

To the Commissioner for Trademarks:

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

The applicant, Merit Diamond Corporation, a corporation of Florida, having an address of
      1900 Tyler Street, #300
      Hollywood, Florida 33020
      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 014:  Jewelry, namely, necklaces, bracelets, pendants, rings, earrings; precious metals; precious stones; and semi-precious stones
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:
Peter A. Matos and John Cyril Malloy (a member of the Bar of the State of Florida), James E. Wetterling, Jr. (a member of the Bar of the State of Florida), Jennie Sue Malloy (a member of the Bar of the State of Florida), John Cyril Malloy, III (a member of the Bar of the State of Florida), David A. Gast (a member of the Bar of the State of Florida) John Fulton, Jr. (a member of the Bar of the State of Florida), Oliver A. Ruiz (a member of the Bar of the State of Florida), Jason LaCosse (a member of the Bar of the State of Florida), Benjamin M. Hanrahan (a member of the Bar of the State of Florida) Francisco Ferreiro (a member of the Bar of the State of Florida) Meredith Frank Mendez (a member of the Bar of the State of Florida) and and Raquel Regalado (a member of the Bar of the State of Florida) of Malloy & Malloy, P.A.
      2800 S.W. 3rd Avenue
      Miami, Florida 33129
      United States
The attorney docket/reference number is 2.160.09.

The applicant's current Correspondence Information:

Peter A. Matos

Malloy & Malloy, P.A.

2800 S.W. 3rd Avenue

Miami, Florida 33129

305-858-8000(phone)

305-858-0008(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: /Peter A. Matos/   Date Signed: 09/29/2009
Signatory's Name: Peter A. Matos
Signatory's Position: Attorney of record, Florida bar member



RAM Sale Number: 2793
RAM Accounting Date: 09/30/2009

Serial Number: 77837407
Internet Transmission Date: Tue Sep 29 16:13:24 EDT 2009
TEAS Stamp: USPTO/BAS-XXX.XX.X.XXX-20090929161324277
659-77837407-46022b56c8f3d2d4859a17ccc38
d98f81-CC-2793-20090929161210561528