Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78323010
Filing Date: 11/04/2003

To the Commissioner for Trademarks:

MARK: LESLIE'S (stylized and/or with design, see mark)

The literal element of the mark consists of LESLIE'S.

The mark consists of THE MARK CONSIST OF THE WORD LESLIE'S WITH AN UMBRELLA SHAPED DESIGN OF WAVES AT THE L AND E AND A WAVE BELOW THE WORDS.

The applicant, LESLIE'S POOLMART, INC., a corporation of DELAWARE, residing at SUITE 100, 3925 EAST BROADWAY ROAD, PHOENIX, AZ, USA, 85040, 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.

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 001: CHEMICALS USED TO SANITIZE AND TREAT WATER; SWIMMING POOLS AND SPAS; WATER TEST KITS, NAMELY, CHEMICAL ANALYSIS KIT FOR TESTING SWIMMING POOLS AND SPAS

In International Class 001, the mark was first used at least as early as 01/31/1994, and first used in commerce at least as early as 01/31/1994, 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) CATALOG.

      Specimen - 1

The applicant hereby appoints CHRISTY L.E. HUBBARD and SEAN D. GARRISON, JENNIFER A. VAN KIRK, MICHAEL T. HALLAM, BRIAN A. RUPP, SHIELA HEIDMILLER, EMILY WESSELS, CHRISTOPHER PIERSON, LIZZETTE ZUBEY of LEWIS AND ROCA, LLP, SUITE 1900, 40 N. CENTRAL AVENUE, PHOENIX, AZ, USA, 85004 to submit this application on behalf of the applicant. The attorney docket/reference number is 41769-2.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: TRADEMARKS@LRLAW.COM.

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: /DONALD J. ANDERSON/   Date: 11/04/2003
Signatory's Name: DONALD J. ANDERSON
Signatory's Position: EXECUTIVE VICE PRESIDENT AND CFO


Mailing Address:
     CHRISTY L.E. HUBBARD
     SUITE 1900
     40 N. CENTRAL AVENUE
     PHOENIX, AZ 85004

RAM Sale Number: 348
RAM Accounting Date: 11/05/2003

Serial Number: 78323010
Internet Transmission Date: Tue Nov 04 17:35:34 EST 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2003110417353457141
1-78323010-2004e68fa31c142796b1c13d686de
fc562e-DA-348-20031104173319298815