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: 78535930
Filing Date: 12/21/2004

To the Commissioner for Trademarks:

MARK: FIVE STAR (stylized and/or with design, see mark)

The literal element of the mark consists of FIVE STAR.

The applicant, MeadWestvaco Corporation, a corporation of Delaware, residing at One High Ridge Park, Stamford, CT, USA, 06905, 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 016: notebooks; binders; zippered pouches and cases for storing pens, pencils and the like; filler paper; expanding files; book covers; stationery-type portfolios; index cards, dividers, storage pockets and cases; calculator storage cases; padfolios; date planners; composition books; a binding device, namely an elastic strap with fasteners used to carry books, notebooks, writing instruments and the like

In International Class 016, the mark was first used at least as early as 11/10/2003, and first used in commerce at least as early as 11/10/2003, 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) digital photograph showing the mark on the goods together with a close-up of the mark.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 1336643 1360515 1675828 and others.

The applicant hereby appoints Thomas A. Boshinski, Esq. of MeadWestvaco Corporation, Courthouse Plaza N.E., Dayton, OH, USA, 45463 to submit this application on behalf of the applicant. The attorney docket/reference number is E-10780.

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: /Thomas A Boshinski/   Date: 12/21/2004
Signatory's Name: Thomas A. Boshinski
Signatory's Position: Attorney


Mailing Address:
     Thomas A. Boshinski, Esq.
     Courthouse Plaza N.E.
     Dayton, OH 45463

RAM Sale Number: 732
RAM Accounting Date: 12/21/2004

Serial Number: 78535930
Internet Transmission Date: Tue Dec 21 09:19:48 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004122109194812001
6-78535930-200fee121dbeaac30941cd7d8fcad
d4382-DA-732-20041208084339308008