TEAS Plus New 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

TEAS Plus Application

Serial Number: 78896909

Filing Date: 05/31/2006

To the Commissioner for Trademarks:
MARK: HEEL TO TOE (Standard Characters, see mark)
The literal element of the mark consists of HEEL TO TOE. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Beauty Holding Company, Inc., a corporation of Delaware, residing at 25 Church Street, Hamilton, Bermuda, HM12, 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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 003:  Foot deodorant spray; Liquid soap used in foot bath; Nail care preparations; Non-medicated foot cream; Non-medicated skin care preparations

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 008:  Pedicure implements, namely, nail files, nail clippers, cuticle pushers, tweezers, nail and cuticle scissors; Pedicure sets

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 011:  Portable foot baths for use in pedicure salons and day spas

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 020:  Foam toe separators for use in pedicures

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Socks

If the applicant is filing under Section 1(b), intent to use, the applicant declares that it 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), as amended.

If the applicant is filing under Section 1(a), actual use in commerce, the applicant declares that it is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended.

If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

The applicant hereby appoints Patricia M. DeSimone of Alberto-Culver Company, 2525 Armitage Avenue, Melrose Park, Illinois, United States, 60160 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: pdesimone@alberto.com.

A fee payment in the amount of $1375 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: /CGG/   Date: 05/31/2006
Signatory's Name: Christopher G. Garrod
Signatory's Position: President
Mailing Address:
     Patricia M. DeSimone
     2525 Armitage Avenue
     Melrose Park, Illinois 60160

RAM Sale Number: 2055
RAM Accounting Date: 05/31/2006

Serial Number: 78896909
Internet Transmission Date: Wed May 31 13:54:36 EDT 2006
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2006053113543662
8620-78896909-33239278fe2396a745fdde97c1
233be761-DA-2055-20060531131739652490