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: FANTASY BRITNEY SPEARS
SERIAL NUMBER: 78680794

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

The applicant, Britney Brands, Inc., having an address of c/o Davis Shapiro Lewit Montone & Hayes 689 Fifth Avenue, New York, New York United States 10022, 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 003:
Current identification: Cosmetics; facial makeup, concealers, blushers, facial powders, foundation makeup, eye makeup, eye pencils, eyebrow pencils, mascara, false eyelashes, face and body glitter, cosmetic compacts, cosmetic pencils, lipstick, lip gloss, lip pomades, lip pencils, makeup removers, makeup applicators in the nature of cotton swabs for cosmetic purposes, eye creams, facial cleansers, toners, facial exfoliants and scrubs, facial creams, facial moisturizers, facial lotions and non-medicated facial treatments in the nature of creams, lotions and scrubs; wrinkle removing skin care preparations, nail polishes, nail polish base coat, nail polish top coat, nail strengtheners, nail hardeners, nail polish removers, nail creams, cuticle removing preparations, nail tips, and nail buffing preparations; skin moisturizers and skin moisturizer masks, skin conditioners, hand creams, massage oils, essential oils for personal use, talcum powder, bath beads, bath crystals, bath foam, bath gels, bath oils, bath powders, bath salts, face wash, skin cleansers, skin highlighter, body scrubs, body fragrance sprays, body and hand lotions, body gels, shower gels, body oils, body powders, body exfoliants, body masks, body mask creams and lotions, shaving preparations, after shave lotions, shaving balm, shaving cream, shaving gel, skin abrasive preparations, non-medicated skin creams and skin lotions for relieving razor burns, non-medicated lip care preparations, lip cream, sunscreen preparations, suntanning preparations and after-sun lotions; self-tanning preparations, namely, self tanning milk and cream, accelerated tanning cream, self-tanning lotions, gels and sprays; perfume, cologne, eau de toilette, eau de perfume, eau de cologne and toilette water; toothpaste, deodorant for personal use and antiperspirant; cosmetic pads, pre-moistened cosmetic wipes, pre-moistened cosmetic tissues and towelettes; cotton sticks for cosmetic purposes; all purpose cotton swabs for personal use and cosmetic purposes; non-medicated topical skin creams, ointments, gels, toners, lotions, sprays and powders; aromatherapy creams, lotions and oils; hair care products, namely, shampoos, conditioners, mousse, gels, frosts, creams, rinses, sprays, hair color, hair waving lotion, permanent wave preparations, hair lighteners, hair dyes, hair emollients, hair mascara, hair pomades, hair color removers, hair relaxing preparations, hair styling preparations, hair removing cream, and hair care preparations; baby wipes; disposable wipes impregnated with chemicals or compounds for personal hygiene and household use; incense; room fragrances; fragrance emitting wicks for room fragrances; sachets; sachet-like eye pillows containing fragrances; scented ceramic stones; scented linen sprays and scented room sprays; scented oils used to produce aromas when heated; scented pine cones; potpourri; aromatherapy pillows comprising potpourri in fabric containers

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: Concealers, foundation makeup, eye pencils, eyebrow pencils, mascara, false eyelashes, cosmetic pencils, lip pomades, lip pencils, makeup removers, makeup applicators in the nature of cotton swabs for cosmetic purposes, eye creams, facial cleansers, toners, facial exfoliants and scrubs, facial creams, facial moisturizers, facial lotions and non-medicated facial treatments in the nature of creams; wrinkle removing skin care preparations, nail polishes, nail polish base coat, nail polish top coat, nail strengtheners, nail hardeners, nail polish removers, nail creams, cuticle removing preparations, nail tips, and nail buffing preparations; skin moisturizer masks, hand creams, massage oils, essential oils for personal use, talcum powder, bath beads, bath crystals, bath foam, bath oils, bath powders, bath salts, face wash, skin cleansers, body scrubs, body oils, body exfoliants, body masks, body mask creams and lotions, shaving preparations, after shave lotions, shaving balm, shaving cream, shaving gel, skin abrasive preparations, non-medicated skin creams and skin lotions for relieving razor burns, non-medicated lip care preparations, lip cream, sunscreen preparations, suntanning preparations and after-sun lotions; self-tanning preparations, namely, self tanning milk and cream, accelerated tanning cream, self-tanning lotions, gels and sprays; toothpaste, deodorant for personal use and antiperspirant; cosmetic pads, pre-moistened cosmetic wipes, pre-moistened cosmetic tissues and towelettes; cotton sticks for cosmetic purposes; all purpose cotton swabs for personal use and cosmetic purposes; non-medicated topical skin creams, ointments, gels, toners, lotions, sprays and powders; aromatherapy creams, lotions and oils; hair care products, namely, shampoos, conditioners, mousse, gels, frosts, creams, rinses, sprays, hair color, hair waving lotion, permanent wave preparations, hair lighteners, hair dyes, hair emollients, hair mascara, hair pomades, hair color removers, hair relaxing preparations, hair styling preparations, hair removing cream, and hair care preparations; baby wipes; disposable wipes impregnated with chemicals or compounds for personal hygiene and household use; incense; room fragrances; fragrance emitting wicks for room fragrances; sachets; sachet-like eye pillows containing fragrances; scented ceramic stones; scented linen sprays and scented room sprays; scented oils used to produce aromas when heated; scented pine cones; potpourri; aromatherapy pillows comprising potpourri in fabric containers..

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Cosmetics; facial makeup, blushers, facial powders, eye makeup, face and body glitter, cosmetic compacts, lipstick, lip gloss, lotions and scrubs; skin moisturizers, skin conditioners, bath gels, skin highlighter, body fragrance sprays, body and hand lotions, body gels, shower gels, body powders, perfume, cologne, eau de toilette, eau de perfume, eau de cologne and toilette water.. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/05/2005, and first used in commerce at least as early as 09/05/2005, 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) Digital photograph of actual packaging for body lotion featuring the Mark..
Specimen File1
Specimen File2

The applicant hereby appoints Brad D. Rose of  PRYOR CASHMAN LLP, 10TH FLOOR, 410 PARK AVENUE, NEW YORK, New York United States 10022 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 10634.00001.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration



Signature

Signatory's Name: Andrew M. Wallet
Signatory's Position: Authorized Signatory

Mailing Address:
   PRYOR CASHMAN SHERMAN & FLYNN LLP
   10TH FLOOR
   410 PARK AVENUE
   NEW YORK, New York 10022

Mailing Address:
   PRYOR CASHMAN LLP
   10TH FLOOR
   410 PARK AVENUE
   NEW YORK, New York 10022

RAM Sale Number: 626
RAM Accounting Date: 08/19/2008

Serial Number: 78680794
Internet Transmission Date: Mon Aug 18 15:25:30 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200808181525306
36811-78680794-40071a9c6ffa1c9d6d6778485
c1e22b8a6-DA-626-20080818150825721907