PR-Section 15

PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2786594
REGISTRATION DATE: 11/25/2003

MARK: OBAGI

The owner, OMP, Inc., a corporation of Delaware, having an address of
      3760 Kilroy Airport Way, Suite 500
      Long Beach, California 90806
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 044, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Medical services for skin treatment, namely dermatology clinic and skin health restoration medical procedures for physician-administered or directed exfoliation of skin and associated procedures for post-exfoliation treatment; hygienic and beauty services for skin, namely treatment, health restoration, care therapy, timed application of gels, cleansers, lighteners, exfoliants, blenders, toners and creams; skin care salon; and skin massage therapyAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
The registrant's current Attorney Information: Sandra Edelman of  DORSEY & WHITNEY LLP
      51 WEST 52ND STREET
      NEW YORK, New York (NY) 10019-6119
      United States


The registrant's proposed Attorney Information: Sandra Edelman of  DORSEY & WHITNEY LLP
      IP Department
      51 WEST 52ND STREET
      NEW YORK, New York (NY) 10019-6119
      United States
The docket/reference number is T038557.US.01.
The Other Appointed Attorney(s): Charlene M. Krogh, Lynn Y. Hsu.

The phone number is 212 415-9200.

The fax number is 212 953-7201.

The email address is docketing-dv@dorsey.com.
The registrant's current Correspondence Information: SANDRA EDELMAN, ESQ. of  DORSEY & WHITNEY LLP
      51 WEST 52ND STREET
      NEW YORK, New York (NY) 10019-6119
      United States


The registrant's proposed Correspondence Information: Sandra Edelman of  DORSEY & WHITNEY LLP
      IP Department
      51 WEST 52ND STREET
      NEW YORK, New York (NY) 10019-6119
      United States
The docket/reference number is T038557.US.01.


The phone number is 212 415-9200.

The fax number is 212 953-7201.

The email address is docketing-dv@dorsey.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).

Declaration


The mark has been in continuous use in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce. There has been no final decision adverse to the owner's claim of ownership of such mark, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the U.S. Patent and Trademark Office or in the courts.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /cmk2112/      Date: 01/31/2013
Signatory's Name: Charlene M. Krogh
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 303-629-3400

Mailing Address (current):
   DORSEY & WHITNEY LLP
   51 WEST 52ND STREET
   NEW YORK, New York 10019-6119

Mailing Address (proposed):
   DORSEY & WHITNEY LLP
   51 WEST 52ND STREET
   NEW YORK, New York 10019-6119

Serial Number: 78201322
Internet Transmission Date: Thu Jan 31 17:31:43 EST 2013
TEAS Stamp: USPTO/SECT15-XX.XXX.XX.XX-20130131173143
568380-2786594-5007d2f4d8acbd81ff53812ba
9aed7f902348c8637374da5b6ac65df96d3d3e4a
8-DA-4461-20130131171120614039