Application

PTO Form 1478 (Rev 6/2005)

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

---

PTO Form 1478 (Rev 6/2005)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 78504525
Filing Date: 10/22/2004

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 EZY DOSE.

The applicant, Apothecary Products, Inc., a corporation of Minnesota, residing at 11750 12th Avenue South, Burnsville, MN, United States, 55337-1297, 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 006: Metal pill fob key chains
      International Class 010: Medicine dosage and administration apparatus, namely, pill dispensers, containers, cases, pouches and holders; medicine dosage spoons, droppers and oral syringes; infant medicine nursers; pill boxes; drinking cups for dispensing medications; pill and tablet crushers and cutters; nasal aspirators; ear syringes; alcohol applicator bottles for medical use; lances; syringe magnifiers; specimen cups for medical use; pH test papers to measure glucose levels; syringes for medical use
      International Class 020: Plastic containers for storing and organizing medications and vitamins; non-metal pill fob key chains

In International Class 006, the mark was first used at least as early as 00/00/1985, and first used in commerce at least as early as 00/00/1985, 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) scanned image of photo of product packaging.

      Specimen - 1

In International Class 010, the mark was first used at least as early as 10/01/1975, and first used in commerce at least as early as 10/01/1975, 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) scanned image of photo of product packaging.

      Specimen - 1

In International Class 020, the mark was first used at least as early as 00/00/1975, and first used in commerce at least as early as 00/00/1975, 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) N/A.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 1066145, 1313307, and 2035933.

The applicant hereby appoints Anna W. Manville and Scott W. Johnston, John L. Beard, Brent E. Routman, Sandra Epp Ryan, Kristina M. Foudray, Gregory C. Golla of Merchant & Gould P.C., P.O. Box 2910, Minneapolis, MN, United States, 55402-0910 to submit this application on behalf of the applicant. The attorney docket/reference number is 1993.70US04.

A fee payment in the amount of $1005 will be submitted with the application, representing payment for 3 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: /Kelly Schwab/   Date: 10/22/2004
Signatory's Name: Kelly Schwab
Signatory's Position: Director of Marketing


Mailing Address:
     Anna W. Manville
     P.O. Box 2910
     Minneapolis, MN 55402-0910

RAM Sale Number: 133
RAM Accounting Date: 10/25/2004

Serial Number: 78504525
Internet Transmission Date: Fri Oct 22 15:48:24 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200410221548246443
78-78504525-20070461764969062cb4a412bbf8
c921fbe-DA-133-20041022110358649603