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: 77000265
Filing Date: 09/15/2006

To the Commissioner for Trademarks:

MARK: DANONINO (stylized and/or with design, see mark)

The literal element of the mark consists of DANONINO.

The color(s) Blue, light blue, red and white is/are claimed as a feature of the mark.

The applicant, COMPAGNIE GERVAIS DANONE, a SOCIETE ANONYME residing at 17 boulevard Haussmann, Paris, France, 75009, 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.

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 029: Milk, milk powder, gelled, flavored and whipped milk; milk products, namely, milky desserts, yogurt drinks, mousses, creams, dessert creams, fresh cream, butter, plain or flavored beverages composed mainly of milk or milk products, milky beverages mainly made of milk, milky beverages comprising fruit; fermented plain or flavored milky products; snack foods namely, dairy-based snack foods, excluding ice cream, ice milk, and frozen yogurt; cheese-based snack food; cheeses, cheese spread, ripened cheeses, ripened cheeses with mould, unmatured fresh cheeses and cheeses in brine, cottage cheese, fresh cheeses sold either in liquid or in paste form; yogurt cheeses; yogurt.
       International Class 030: Coffee, tea, cocoa, chocolate, coffee-based beverages, cocoa-based beverages, chocolate-based beverages, sugar, rice, puffed rice, tapioca and flours, sweet or salted tarts and pies, pizzas; plain or flavored and/or filled pasta, preparations made of cereals, breakfast cereals; ready-made dishes essentially comprising pasta; dishes essentially made up of tart pastry; bread, rusks, sweet or savory biscuits; wafers, waffles, cakes, pastries, all these products being plain and/or coated and/or filled and/or flavored; sweet or salted appetizers comprising bread, biscuit or pastry dough; confectionery products; edible ices, edible ices essentially made of yogurt, ice creams, water ices, edible ices, frozen yogurts, flavored ice; honey, salt, mustard, vinegar, sauces, condiments, sweet sauces, pasta sauces, spices.
       International Class 032: Mineral or non-mineral still or sparkling water, fruit or vegetable juices, fruit or vegetable drinks, lemonades, sodas, sorbet drinks, drink preparations, syrups for drinks, alcohol-free fruit or vegetable extracts, alcohol-free drinks comprising lactic fermenting agents.

The applicant hereby appoints Perla M. Kuhn and Julius Rabinowitz, Peter A. Sullivan, Natasha N. Reed, Kristin B. Whiting and Russell W. Jacobs of Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, New York, United States, 10004 to submit this application on behalf of the applicant. The attorney docket/reference number is 70310.1005.

The applicant hereby appoints Hughes Hubbard & Reed LLP of  Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, New York, United States (USX) 10004 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: kuhn@hugheshubbard.com.

A fee payment in the amount of $975 will be submitted with the application, representing payment for 3 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.




Mailing Address:
     Perla M. Kuhn
     One Battery Park Plaza
     New York, New York 10004

RAM Sale Number: 1540
RAM Accounting Date: 09/15/2006

Serial Number: 77000265
Internet Transmission Date: Fri Sep 15 11:45:12 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXX-20060915114512244572-
77000265-2009db7ecf8592493fdc17846b11e40
4cd7-CC-1540-20060915113652031686