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: 78953353
Filing Date: 08/16/2006

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 OLAY.

The applicant, The Procter & Gamble Company, a corporation of Ohio, residing at One Procter & Gamble Plaza, Cincinnati, Ohio, United States, 45202, 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 003: Non-medicated skin care preparations; bar soap; and body wash.

In International Class 003, the mark was first used at least as early as 12/31/1951, and first used in commerce at least as early as 06/01/1957, 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) a JPEG image taken by digital camera of OLAY active hydrating packaging..

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 0825078, 2449933, 3066692, and others.

The applicant hereby appoints Susan M. Shook and Carl J. Roof, Jeremy M. Klass, Thomas A. Adams, Michael D. Johns, Alison Tan, Steven W. Caldwell of The Procter & Gamble Company, C2 Box 11, One Procter & Gamble Plaza, Cincinnati, Ohio, United States, 45202 to submit this application on behalf of the applicant. The attorney docket/reference number is 79605.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: shook.sm@pg.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: /smshook/   Date: 08/16/2006
Signatory's Name: Susan M. Shook
Signatory's Position: Attorney for Applicant


Mailing Address:
     Susan M. Shook
     C2 Box 11
     One Procter & Gamble Plaza
     Cincinnati, Ohio 45202

RAM Sale Number: 1794
RAM Accounting Date: 08/16/2006

Serial Number: 78953353
Internet Transmission Date: Wed Aug 16 14:31:34 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200608161431342301
68-78953353-20036f26b6ccc65231684a758f48
2ca5-DA-1794-20060816142532945604