Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85168683

Filing Date: 11/03/2010

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) brown, orange, blue, white and silver is/are claimed as a feature of the mark. The mark consists of the trade dress characterizing packaging for the goods. The packaging comprises a rectangular box when folded. On the center of the front panel of the packaging is a white burst on a brown background, below which is a silver curving horizontal line, below which is an orange field covering approximately the bottom one-third of the front panel; the wording HYLAND'S appears within a blue oval within a white outline to the upper left of the burst. On the top panel of the packaging is a white burst on a brown background, below which is a silver curving horizontal line, below which is an orange field covering approximately the bottom one-eighth of the top panel; the wording HYLAND'S appears within a blue oval within a white outline to the upper left of the burst. On the right panel of the packaging is a white burst on a brown background; the wording HYLAND'S appears within a blue oval within a white outline within the burst. On the left panel of the packaging is a white burst on a brown background; the wording HYLAND'S appears within a blue oval within a white outline within the burst. The other solid lines in the drawing are intended to show the position of the mark on the packaging and are not claimed as part of the design.
The applicant, Standard Homeopathic Company, a corporation of Nevada, having an address of
      210 West 131st Street
      Los Angeles, California 90061
      United States
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 the following:

       International Class 005:  Homeopathic medications and homeopathic pharmaceuticals for use in the treatment of leg, foot and lower back cramps and pain, and aiding sleep.

In International Class 005, the mark was first used at least as early as 09/30/2009, and first used in commerce at least as early as 09/30/2009, and is now in use in such commerce. The applicant is submitting one specimen(s) 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) scanned packaging.

Original PDF file:
spec-38105141122-210133968_._Design__trade_dress_-_burst_with_orange__-_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant's current Attorney Information:
Mark N. Mutterperl and Josh Foster, Chehrazade Chemcham, Colin Foley, Todd Hambidge, Jessica Parise, and any other attorneys of Fulbright & Jaworski L.L.P.
      666 Fifth Avenue
      New York, New York 10103
      United States
The attorney docket/reference number is NY-STDH.T0868US.AP1.

The applicant's current Correspondence Information:

Mark N. Mutterperl

Fulbright & Jaworski L.L.P.

666 Fifth Avenue

New York, New York 10103

212-318-3183(phone)

212-318-3400(fax)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration



Original PDF file:
hw_38105141122-210133968_._design_trade_dress_-_burst_with_orange-app-signature.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: John P. Borneman, Ph.D
Signatory's Position: Chairman and Chief Executive Officer



RAM Sale Number: 5783
RAM Accounting Date: 11/04/2010

Serial Number: 85168683
Internet Transmission Date: Wed Nov 03 21:11:37 EDT 2010
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201011032111379
74244-85168683-470dd5297ab46351078922f20
c3289ab-CC-5783-20101103210133968472