Submitted therewith is a Declaration of Jonathan Sokol an attorney for Applicant in a lawsuit against a third party for infringement of the miscellaneous design mark which is the subject of this application. Attached to the Sokol Declaration are Declarations of Bernard Mishkin and Fred Ryan, the Vice-Presidents of Marketing and Sales for Applicants demonstrating the extensive sales, advertising and promotion of the product and product recognition by customers. Also as indicated in the Sokol declaration, the court in the trademark infringement action granted Applicant's Motion for a Preliminary Injunction stating that Applicant was "likely to succeed in its showing of secondary meaning". In addition, the mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.