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: 78764520
Filing Date: 12/01/2005

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 SWAN.

The applicant, Schwan-STABILO Cosmetics GmbH & Co. KG, a corporation of Germany, residing at Schwanweg 1, Heroldsberg, Germany, 90562, 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 003: Cosmetics; cosmetic pencils of all types, namely, eyebrow pencils, eyeliner pencils, kohl pencils, eyeshadow pencils, lipsticks, lip liner pencils, lip gloss, lip ink, covering and correcting pencils, concealers, pencils for cheeks and face, make-up removing pencils, perfume pencils, nail white pencils; mascara, powder, make-up, all these products as sharpenable pencils, retractable pencils, liquid liner pencils or in bottles.

The applicant hereby appoints Frank J. Jordan and C. Bruce Hamburg Herbert F. Ruschmann Thomas Furth of Jordan and Hamburg LLP, 122 East 42nd Street, New York, New York, United States, 10168 to submit this application on behalf of the applicant. The attorney docket/reference number is TM-2114.

The applicant hereby appoints Frank J. Jordan of  Jordan and Hamburg LLP, 122 East 42nd Street, New York, New York, USA 10168 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: jandh@ipattorneys.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: /Frank J. Jordan/   Date: 12/01/2005
Signatory's Name: Frank J. Jordan
Signatory's Position: Attorney


Mailing Address:
     Frank J. Jordan
     122 East 42nd Street
     New York, New York 10168

RAM Sale Number: 1598
RAM Accounting Date: 12/01/2005

Serial Number: 78764520
Internet Transmission Date: Thu Dec 01 13:54:35 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005120113543545480
2-78764520-2002a7da77e1fecd6681c4e95beb4
ceafff-CC-1598-20051201135320974616