Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85535686

Filing Date: 02/07/2012

To the Commissioner for Trademarks:

MARK: FEEL THE ENERGY! FROM YOUR FEET UP (Standard Characters, see mark)
The literal element of the mark consists of FEEL THE ENERGY! FROM YOUR FEET UP.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, MSD CONSUMER CARE, INC., a corporation of Delaware, having an address of
      3030 Jackson Avenue
      Memphis, Tennessee 38151
      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 010:  Orthotic inserts for shoes; Electric foot spa massager and electric foot bath; Athletic ankle braces for medical use; Ankle supports and wraps for medical purposes; Wrist supports and wraps for medical purposes; Orthotic inserts and insoles for shoes, ankle supports, ankle wraps, wrist supports, wrist wraps and medical braces for wrists and ankles that incorporate electronic stimulators for nerves and muscles
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 025:  Insoles; Shoes; Slippers; Sneakers; Footwear; Socks; A full line of footwear and inserts for footwear
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)).


The applicant's current Attorney Information:
      Vanessa A. Ignacio, Esq. and Lawrence A. Weinstein, Esq., David Leit, Esq., Mark P. Kesslen, Esq. of Lowenstein Sandler PC
      65 Livingston Avenue
      Roseland, New Jersey 07068-1791
      United States
The attorney docket/reference number is 26003.5166.

The applicant's current Correspondence Information:

Vanessa A. Ignacio, Esq.

Lowenstein Sandler PC

65 Livingston Avenue

Roseland, New Jersey 07068-1791

973-597-2500(phone)

973-597-2400(fax)

lstrademark@lowenstein.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 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.

Declaration Signature

Signature: /Vanessa A. Ignacio/   Date: 02/07/2012
Signatory's Name: Vanessa A. Ignacio, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member
RAM Sale Number: 10175
RAM Accounting Date: 02/07/2012

Serial Number: 85535686
Internet Transmission Date: Tue Feb 07 12:20:59 EST 2012
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-201202071220590400
24-85535686-49063e23c969a1fb6e1eeb923977
c186bda-DA-10175-20120207121703171385