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: 78657278
Filing Date: 06/23/2005

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 FROWNIES.

The applicant, B & P Company, Inc., a corporation of Ohio, residing at P.O. Box 41184, Dayton, Ohio, United States, 45441, 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 003: cosmetics; skin cream; skin moisturizer; lotion; body oil; non-medicated skin serum; hydrating spray; pH balancing complexion wash; and cosmetic kits made up of moisturizers, hydrators, washes, lotions, creams, oil, non-medicated sera, facial pads and/or activators for facial pads

In International Class 003, the mark was first used at least as early as 09/00/2004, and first used in commerce at least as early as 09/00/2004, 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) product packaging bearing the mark.

      Specimen - 1

The applicant hereby appoints Kevin S. Costanza of Seed Intellectual Property Law Group PLLC, Suite 6300, 701 Fifth Avenue, Seattle, Washington, United States, 98104-7092 to submit this application on behalf of the applicant. The attorney docket/reference number is 130223.205.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: KevinC.docketing@SeedIP.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: /KSC/   Date: 06/23/2005
Signatory's Name: Kevin S. Costanza
Signatory's Position: Attorney for Applicant


Mailing Address:
     Kevin S. Costanza
     Suite 6300
     701 Fifth Avenue
     Seattle, Washington 98104-7092

RAM Sale Number: 522
RAM Accounting Date: 06/24/2005

Serial Number: 78657278
Internet Transmission Date: Thu Jun 23 17:56:38 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXXXX-20050623175638247
708-78657278-200da589c76e32048d8d3a4ff8b
828aca6b-DA-522-20050623165923425078