Statement of Use

RECOVER

PROGRESSIVE NUTRITION, LLC

Trademark/Service Mark Statement of Use

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78403951
LAW OFFICE ASSIGNED LAW OFFICE 112
NOTICE OF ALLOWANCE YES
EXTENSION OF USE NO
REQUEST TO DIVIDE NO
MARK SECTION
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT RECOVER
OWNER SECTION (no change)
ATTORNEY SECTION (no change)
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 005
GOODS AND/OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 05/19/2004
FIRST USE IN COMMERCE DATE 05/19/2004
SPECIMEN FILE NAME(S) \\TICRS\EXPORT6\IMAGEOUT6\784\039\78403951\xml1\SOU0002.JPG
        \\TICRS\EXPORT6\IMAGEOUT6 \784\039\78403951\xml1\SO U0003.JPG
        \\TICRS\EXPORT6\IMAGEOUT6 \784\039\78403951\xml1\SO U0004.JPG
SPECIMEN DESCRIPTION product labels
PAYMENT SECTION
NUMBER OF CLASSES 1
SUBTOTAL AMOUNT 100
TOTAL AMOUNT 100
SIGNATURE SECTION
SIGNATURE /terrence e. quinlan -tlf/
SIGNATORY NAME Terrence E. Quinlan
SIGNATORY DATE 03/21/2006
SIGNATORY POSITION Vice President
FILING INFORMATION
SUBMIT DATE Tue Mar 21 11:14:31 EST 2006
TEAS STAMP USPTO/SOU-XX.X.XX.XXX-200
60321111431437298-7840395
1-320f0c3dff13e6e6f6f16cd
b05ae26da-CC-1525-2006032
1110848553818



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:

MARK: RECOVER
SERIAL NUMBER: 78403951

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, PROGRESSIVE NUTRITION, LLC, having an address of 6531 STATE ROUTE 503, LEWISBURG, Ohio United States 45338, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 005, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/19/2004, and first used in commerce at least as early as 05/19/2004, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) product labels.
Specimen-1
Specimen-2
Specimen-3

The applicant hereby appoints MATTHEW R. JENKINS to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is FSC 023 T2.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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: /terrence e. quinlan -tlf/      Date Signed: 03/21/2006
Signatory's Name: Terrence E. Quinlan
Signatory's Position: Vice President

RAM Sale Number: 1525
RAM Accounting Date: 03/21/2006

Serial Number: 78403951
Internet Transmission Date: Tue Mar 21 11:14:31 EST 2006
TEAS Stamp: USPTO/SOU-XX.X.XX.XXX-200603211114314372
98-78403951-320f0c3dff13e6e6f6f16cdb05ae
26da-CC-1525-20060321110848553818


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