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: 78312065
Filing Date: 10/10/2003

To the Commissioner for Trademarks:

MARK: (Stylized or Design Format, see drawing page)


The applicant, CIMA LABS INC., a corporation of Minnesota, residing at 10000 Valley View Road, Eden Prairie, MN USA 55344-9361, 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, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

           International Class 040: MANUFACTURE OF VITAMIN PREPARATIONS, DIETARY SUPPLEMENTS, AND PHARMACEUTICAL TABLETS, PILLS AND CAPSULES TO THE ORDER AND SPECIFICATION OF OTHERS
           International Class 042: PRODUCT CONSULTING, RESEARCH, DEVELOPMENT AND TESTING SERVICES IN THE FIELD OF VITAMIN PREPARATIONS, DIETARY SUPPLEMENTS, AND PHARMACEUTICAL TABLETS, PILLS AND CAPSULES

In International Class 040: the mark was first used at least as early as 06/20/1999, and first used in commerce at least as early as 06/20/1999, 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, consisting of a(n) Marketing materials.
           Specimen - 1
           Specimen - 2


In International Class 042: the mark was first used at least as early as 06/20/1999, and first used in commerce at least as early as 06/20/1999, 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, consisting of a(n) Marketing materials.
           Specimen - 1
           Specimen - 2


The applicant, hereby appoints Eunice P. de Carvalho and Felicia J. Boyd, Paul W. Busse, Jodi A. DeSchane, John M. Haurykiewicz, Walter C. Linder, Calvin L. Litsey, Patricia I. Reding, James R. Steffen, Gary S. Weinstein and Ann Dunn Wessberg of  Faegre & Benson LLP, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN USA 55402-3901 to submit this application on behalf of the applicant.


A fee payment in the amount of $670 will be submitted with the application, representing payment for 2 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: /Thomas A. Rendos/   Date: 10/10/2003
Signatory's Name: Tom Rendos
Signatory's Position: Intellectual Property Counsel

Mailing Address:
     Eunice P. de Carvalho
     2200 Wells Fargo Center
     90 South Seventh Street
     Minneapolis, MN 55402-3901

RAM Sale Number: 749
RAM Accounting Date: 10/10/2003

Serial Number: 78312065
Internet Transmission Date: Fri Oct 10 13:00:09 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-20031010130009172149-78312065-2008747879e5517fbd14a8b141621d24bc-CC-749-20031009163042715571