Application

PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

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PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

Trademark/Service Mark Application, Principal Register, with Declaration

Serial Number: 78246109
Filing Date: 05/06/2003

To the Commissioner for Trademarks:

MARK:  BODYBILT

The applicant, ErgoGenesis, LLC, a limited liability joint stock company organized under the laws of Texas, residing at One BodyBilt Place, Navasota, TX USA 77868, requests registration of the trademark/service mark shown on the drawing page 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.

The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

           International Class 020: CHAIRS

In International Class 020: the mark was first used at least as early as 09/26/1991, and first used in commerce at least as early as 09/26/1991, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services.


"Applicant was the owner (through Assignment) of prior U.S. Registration No. 1,723,828, which was cancelled due to Applicant's failure to pay renewal fees. Applicant herein seeks registration of the identical mark, in connection with the identical goods, on the Principal Register"

The applicant, hereby appoints Christopher P. Dahling and Lisa B. Lane of  Synnestvedt & Lechner LLP, 2600 ARAMARK Tower, 1101 Market Street, Philadelphia, PA USA 19107-2950 to submit this application on behalf of the applicant.


A fee payment in the amount of $335 will be 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: /Christopher Dahling/   Date: 05/06/2003
Signatory's Name: Christopher P. Dahling
Signatory's Position: Attorney for Applicant

Mailing Address:
     Christopher P. Dahling
     2600 ARAMARK Tower
     1101 Market Street
     Philadelphia, PA 19107-2950

RAM Sale Number: 704
RAM Accounting Date: 05/06/2003

Serial Number: 78246109
Internet Transmission Date: Tue May 06 11:56:35 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-20030506115635672102-78246109-200debca718fabf18c2ee885c85e76f85-DA-704-20030506112340368518