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: 78519354
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 CERAVE.

The applicant, Healthpoint, Ltd., a limited partnership organized under the laws of Texas, comprising of FB Pharmaceuticals, Inc., a Texas corporation (sole general partner) and John W. Feik, H. Paul Dorman and John Mason, all U.S. citizens (limited partners), residing at 318 McCullough, San Antonio, TX, United States, 78215, 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 003: a complete line of skin care products, including cleaners, moisturizers, lotions, hand creams, hand ointments, sunscreen creams

The applicant hereby appoints Edward T. Colbert and Brian S. Mudge, William M. Merone of Kenyon & Kenyon, Suite 700, 1500 K Street, NW, Washington, DC, United States, 20005-1257 to submit this application on behalf of the applicant. The attorney docket/reference number is 12965-10.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: tmdocketdc@kenyon.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: /William M. Merone/   Date: 11/18/2004
Signatory's Name: William M. Merone
Signatory's Position: Authorized legal representative


Mailing Address:
     Edward T. Colbert
     Suite 700
     1500 K Street, NW
     Washington, DC 20005-1257

RAM Sale Number: 1386
RAM Accounting Date: 11/18/2004

Serial Number: 78519354
Internet Transmission Date: Thu Nov 18 14:38:30 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004111814383097432
7-78519354-2005228bf3ef2907b9b7ba769e0fb
a75aef-DA-1386-20041118123924788327