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: 78519234
Filing Date: 11/18/2004

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 NATIONAL ALLERGY SUPPLY.

The applicant, National Allergy Supply, Inc., a corporation of Georgia, residing at Suite D, 1620 Satellite Boulevard, Duluth, GA, United States, 30097, 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 035: Online retail store and services featuring products related to allergy relief and on-line provision of resource links related to asthma and allergies

In International Class 035, the mark was first used at least as early as 01/01/1997, and first used in commerce at least as early as 01/01/1997, 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) printout of a web page showing service mark in use.

      Specimen - 1

The applicant hereby appoints Cynthia J. Lee, Esq. and George M. Thomas, James W. Kayden, Scott A. Horstemeyer, Stephen R. Risley, Jeffrey R. Kuester, Daniel R. McClure, Jennifer M. Gruber, Dan R. Gresham, J. Scott Culpepper, Cynthia J. Lee, David R. Risley, M. Paul Qualey, Jr., David Rodack, N. Andrew Crain, Robert A. Blaha, Sami O. Malas, Christopher B. Linder, Karen G. Hazzah, Todd Deveau, Harold L. Marquis, Charles Vorndran, Jon E. Holland of Thomas, Kayden, Horstemeyer & Risley, LLP, Suite 1750, 100 Galleria Parkway, NW, Atlanta, GA, United States, 30339-5948 to submit this application on behalf of the applicant. The attorney docket/reference number is 191401-3070.

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: /John Fry/   Date: 11/17/2004
Signatory's Name: John Fry
Signatory's Position: Vice President, Marketing & Sales


Mailing Address:
     Cynthia J. Lee, Esq.
     Suite 1750
     100 Galleria Parkway, NW
     Atlanta, GA 30339-5948

RAM Sale Number: 1177
RAM Accounting Date: 11/18/2004

Serial Number: 78519234
Internet Transmission Date: Thu Nov 18 12:49:52 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200411181249528542
10-78519234-2003d5fc67d7980b8537a81c5727
a10c721-CC-1177-20041116130446870534