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: 78677690
Filing Date: 07/25/2005

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 CAPELLA.

The applicant, The West Paces Hotel Group, LLC, a LIMITED LIABILITY COMPANY organized under the laws of Georgia, residing at 3384 Peachtree Road, Suite 375, Atlanta, Georgia, United States, 30326, 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 036: Apartment condominium and real estate management services; real estate development services; real estate broker services; time share properties; condominium properties; residential clubs and properties.
       International Class 043: Hotel services; hotel management services; resort services; providing facilities for golf, tennis, bicycling and water sports; afternoon tea and tea room services; physical fitness consultation services; massage services; beauty salon services; health bar services; catering services; providing facilities for meetings, conferences and exhibits; spa services, namely, providing temporary accommodations and meals to clients of a health or beauty spa; broker, financing, management and operation services for condominium, fee simple and fractional ownership residential units; private residence club services.

The applicant hereby appoints Larry H. Tronco and Clark W. Lackert of King & Spalding LLP, 1185 Avenue of the Americas, New York , New York, United States, 10036 to submit this application on behalf of the applicant. The attorney docket/reference number is 10696.104001.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: nytrademarks@kslaw.com.

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 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.




Mailing Address:
     Larry H. Tronco
     1185 Avenue of the Americas
     New York , New York 10036

RAM Sale Number: 405
RAM Accounting Date: 07/26/2005

Serial Number: 78677690
Internet Transmission Date: Mon Jul 25 17:01:27 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXX-20050725170127746008-
78677690-200a6d5f3079f2633fb258a1abdcbc7
6b-DA-405-20050725170042884642