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: 78578992
Filing Date: 03/03/2005

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 PODIUM.

The applicant, Procaps Encapsulation Inc., a corporation of Canada, residing at 6000 Kieran Street, Ville St. Laurent, Quebec, Canada, H4S 2B5, 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 028: Paintballs

In International Class 028, the mark was first used at least as early as 12/00/2004, and first used in commerce at least as early as 12/00/2004, 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) photo of a box of paintballs.

      Specimen - 1

The applicant hereby appoints Lisa Peller London and the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., 901 New York Avenue, N.W., Washington, District of Columbia, United States, 20001 to submit this application on behalf of the applicant. The attorney docket/reference number is 08193.0070.

The applicant hereby appoints Lisa Peller London of  Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., 901 New York Avenue, N.W., Washington, District of Columbia, USA 20001 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: docketing@finnegan.com.

A fee payment in the amount of $325 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: /Nick Karnis/   Date: 03/03/2005
Signatory's Name: Nicholas Karnis
Signatory's Position: Vice President


Mailing Address:
     Lisa Peller London
     901 New York Avenue, N.W.
     Washington, District of Columbia 20001

RAM Sale Number: 1071
RAM Accounting Date: 03/03/2005

Serial Number: 78578992
Internet Transmission Date: Thu Mar 03 09:25:59 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXX-20050303092559380044-7
8578992-200c79490b9c23dbe862fc0e88e7299f
81d-CC-1071-20050303061618976027