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: 78528358
Filing Date: 12/07/2004

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 SWIRL.

The applicant, J. & P. Coats, Limited, a corporation of Great Britain, residing at 155 St. Vincent Street, Glasgow, Scotland, , 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 023: HANDKNITTING YARNS

The applicant hereby appoints Brian M. Davis and Martha Gayle Barber, John L. Sullivan, Jr., and Michael G. Mosier of Alston & Bird LLP, 101 South Tryon Street, Suite 4000, Charlotte, NC, United States, 28280-4000 to submit this application on behalf of the applicant. The attorney docket/reference number is 45160/285877.

The applicant hereby appoints Brian M. Davis of  Alston & Bird LLP, 101 South Tryon Street, Suite 4000, Charlotte, NC, USA 28280-4000 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: bmdavis@alston.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: /Brian M. Davis/   Date: 12/07/2004
Signatory's Name: Brian M. Davis
Signatory's Position: Attorney for Applicant


Mailing Address:
     Brian M. Davis
     101 South Tryon Street, Suite 4000
     Charlotte, NC 28280-4000

RAM Sale Number: 21
RAM Accounting Date: 12/08/2004

Serial Number: 78528358
Internet Transmission Date: Tue Dec 07 14:53:03 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200412071453032903
00-78528358-2006a2355aade84fbb3428e32d65
47a711a-CC-21-20041207142951792142