Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77001503

Filing Date: 09/18/2006

To the Commissioner for Trademarks:

MARK: EXCAVATOR (Standard Characters, see mark)
The literal element of the mark consists of EXCAVATOR. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Helena Holding Company, a corporation of Delaware, having an address of 300 Delaware Avenue, 9th Floor - DE 5403, Wilmington, Delaware, United States, 19801, 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.

       International Class 001:  adjuvants for agricultural use
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 hereby appoints Stanley C. Macel, III, Esq. and Michael L. Lovitz, Esq., Jennifer Fraser, Esq., Patricia Smink Rogowski, Esq. of Connolly Bove Lodge & Hutz LLP, P. O. Box 2207, Wilmington, Delaware, United States, 19899 to submit this application on behalf of the applicant. The attorney docket/reference number is 306-97.

Correspondence Information:	Stanley C. Macel, III, Esq.
	P. O. Box 2207
	Wilmington, Delaware 19899
	302-658-9141(phone)
	302-658-5614(fax)
	trademarks@cblh.com (authorized)

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: /scm/   Date Signed: 09/18/2006
Signatory's Name: Stanley C. Macel, III
Signatory's Position: Attorney for Applicant



RAM Sale Number: 35
RAM Accounting Date: 09/19/2006

Serial Number: 77001503
Internet Transmission Date: Mon Sep 18 14:56:22 EDT 2006
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-200609181456221
65716-77001503-350e63454d66dd8c33f7adc57
32fdbb75b-DA-35-20060918145038227516