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: 78711167
Filing Date: 09/12/2005

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 PUGS GEAR.

The applicant, Mountain View Marketing, Inc., a corporation of Utah, residing at 3561 Hidden Valley Road, Sedalia, Colorado, United States, 80135, 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 009: Compasses and binoculars.
      International Class 011: Hand and body warmer packets; flashlights; head lamps for hiking and camping.
      International Class 018: Backpacks and fanny packs.
      International Class 021: Gloves, namely, household gloves for general use.
      International Class 025: Clothing, namely, bandanas, shirts, jerseys, shorts, boxer shorts, pants, jackets, coats, socks, sweatshirts, scarves, gloves, neckerchiefs and headgear,namely, caps, knit hats and ski masks, cowboy style hats, straw hats, fishing hats and bucket hats.

In International Class 009, the mark was first used at least as early as 09/01/2005, and first used in commerce at least as early as 09/01/2005, 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) point of purchase display.

      Specimen - 1

In International Class 011, the mark was first used at least as early as 09/01/2005, and first used in commerce at least as early as 09/01/2005, 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) tag affixed to the goods.

      Specimen - 1

In International Class 018, the mark was first used at least as early as 05/01/2003, and first used in commerce at least as early as 05/01/2003, 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) tag affixed to the goods.

      Specimen - 1

In International Class 021, the mark was first used at least as early as 10/01/2000, and first used in commerce at least as early as 10/01/2000, 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) tag affixed to the goods.

      Specimen - 1

In International Class 025, the mark was first used at least as early as 10/01/2000, and first used in commerce at least as early as 10/01/2000, 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) tag affixed to the goods.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 2249305.

The applicant hereby appoints John C. Herman and Allen L. Greenberg, Michelle P. Gallon and L. Norwood Jameson of Duane Morris LLP, Suite 700, 1180 West Peachtree Street, Atlanta, Georgia, United States, 30309-3448 to submit this application on behalf of the applicant. The attorney docket/reference number is D9954-00139.

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

A fee payment in the amount of $1625 will be submitted with the application, representing payment for 5 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: /Steve Pugmire/   Date: 09/12/2005
Signatory's Name: Steve Pugmire
Signatory's Position: Vice President


Mailing Address:
     John C. Herman
     Suite 700
     1180 West Peachtree Street
     Atlanta, Georgia 30309-3448

RAM Sale Number: 243
RAM Accounting Date: 09/13/2005

Serial Number: 78711167
Internet Transmission Date: Mon Sep 12 16:00:58 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005091216005858833
6-78711167-200deb076f38255d78c063ae03741
44aa-DA-243-20050912155843517016