Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: FRESH START
SERIAL NUMBER: 78635762

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Lights, Camera, Interaction!, Inc., having an address of 141 Danbury Road, Wilton, Connecticut United States 06897, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 020:
Current identification: display racks for toys and train and vehicle toy systems, picture frames, mirrors, non-metal jewelry boxes, plaques and juvenile furniture

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: display racks for train and vehicle toy systems, picture frames, mirrors, non-metal jewelry boxes, plaques and juvenile furniture.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: display racks for toys. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2006, and first used in commerce at least as early as 01/01/2006, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photograph of the goods.
Specimen File1

For International Class 028:
Current identification: Jigsaw puzzles; inset puzzles; toy vehicles; dominos; marbles; toy building blocks; toy construction blocks; toy pattern blocks; toy alphabet and number blocks; toy beads; dolls, doll furniture, doll accessories and doll houses and furnishings; plush toys; plush dolls; puppets; toy musical instruments; construction toys; children's multiple activity toys; pull toys; magnetic toy figures in the shape of letters and numbers; manipulative games containing latches, locks and laces; toy animals; pretend play kits, namely, toy kitchens, toy tool benches, toy barns, toy castles, toy parking garages and toy horse stables; toy food items and toy utensils for preparing food, sold as a unit; toy abacuses; toy pounding benches; toy cobbler benches; shape sorting toys; toy boats; bath toys; baby toys; infant toys

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: toy vehicles; dominos; marbles; toy building blocks; toy construction blocks; toy pattern blocks; toy beads; dolls, doll furniture, doll accessories and doll houses and furnishings; plush toys; plush dolls; puppets; toy musical instruments; construction toys; pull toys; toy animals; pretend play kits, namely, toy kitchens, toy tool benches, toy barns, toy castles, toy parking garages and toy horse stables; toy food items and toy utensils for preparing food, sold as a unit; toy abacuses; toy pounding benches; toy cobbler benches; shape sorting toys; toy boats; bath toys; baby toys; infant toys.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Jigsaw puzzles; inset puzzles; toy alphabet and number blocks; children's multiple activity toys; magnetic toy figures in the shape of letters and numbers; manipulative games containing latches, locks and laces. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/13/2005, and first used in commerce at least as early as 10/13/2005, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photograph of the goods.
Specimen File1

For International Class 016:
Current identification: children's books, calendars, maps, chalk boards for school and home use, dry erase writing boards, printed responsibility charts, printed weather display boards, pens, pencils, modeling clay, chalk, erasers, glue for stationery or household use, arts and craft paint kits, paint brushes, stencils, rubber stamps, paper, children's activity books; and magnetic learning boards, namely calendars, maps, chalk boards, dry erase boards, responsibility charts and weather boards

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: children's books, calendars, maps, chalk boards for school and home use, dry erase writing boards, printed weather display boards, pens, pencils, modeling clay, chalk, erasers, glue for stationery or household use, arts and craft paint kits, paint brushes, stencils, rubber stamps, paper, and weather boards.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: printed responsibility charts; children's activity books; and magnetic learning boards, namely calendars, maps, chalk boards, dry erase boards, and responsibility charts. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2006, and first used in commerce at least as early as 01/01/2006, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photograph of the goods.
Specimen File1

The applicant hereby appoints Wendy E. Miller of  COOPER & DUNHAM LLP, 23rd Floor, 1185 AVENUE OF THE AMERICAS, NEW YORK, New York United States 10036-2615 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 1583-74512.

A fee payment in the amount of $300 will be submitted with the form, representing payment for 3 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /chris Myers/      Date Signed: 01/21/2008
Signatory's Name: Chris Myers
Signatory's Position: Production Manager

Mailing Address:
   COOPER & DUNHAM LLP
   
   1185 AVENUE OF THE AMERICAS STE 22R
   NEW YORK, New York 10036-2615

Mailing Address:
   COOPER & DUNHAM LLP
   23rd Floor
   1185 AVENUE OF THE AMERICAS
   NEW YORK, New York 10036-2615

RAM Sale Number: 8594
RAM Accounting Date: 01/22/2008

Serial Number: 78635762
Internet Transmission Date: Mon Jan 21 12:01:15 EST 2008
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2008012112011580
7944-78635762-400bd7c6273b7589374aee8699
b3d9edce7-CC-8594-20080121105639167518