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: 78386692
Filing Date: 03/18/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of FLO-MIST.

The applicant, DHD Healthcare Corporation, a corporation of New York, residing at One Madison Street, Wampsville, NY, USA, 13163, 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.

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)).

       International Class 010: Therapeutic and medical equipment used in the treatment of pulmonary and respiratory conditions.

The applicant hereby appoints August E. Roehrig, Jr. and Christopher R. Pastel and Timothy D. Evans of Hancock & Estabrook, LLP, 1500 MONY Tower I P.O. Box 4976, Syracuse, NY, USA, 13221-4976 to submit this application on behalf of the applicant. The attorney docket/reference number is 223T165.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: aroehrig@hancocklaw.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: /august e. roehrig, jr./   Date: 03/18/2004
Signatory's Name: August E. Roehrig, Jr.
Signatory's Position: Attorney


Mailing Address:
     August E. Roehrig, Jr.
     1500 MONY Tower I P.O. Box 4976
     Syracuse, NY 13221-4976

RAM Sale Number: 1163
RAM Accounting Date: 03/18/2004

Serial Number: 78386692
Internet Transmission Date: Thu Mar 18 14:26:11 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXX-20040318142611132252-
78386692-20083254d58927ffcf22197e38a4518
8a81-DA-1163-20040318142100698850