Application

PTO Form 1478 (Rev 9/2006)

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

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PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 77037951

Filing Date: 11/06/2006

To the Commissioner for Trademarks:

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

The applicant, The Upper Deck Company, a corporation of Nevada, having an address of 985 Trade Drive, North Las Vegas, Nevada, United States, 89030, 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 016:  trading cards; greeting cards; blank cards; note cards; gift cards; business cards; occasion cards; stickers; albums for stickers; bumper stickers; sticker books; appliqués in the form of decals; adhesive labels; printed paper labels; printed matter; namely magazines; comic books; comic strips; cartoon prints; newspaper cartoons; coloring books; children's books; children's activity books; notebooks; composition books; scrapbooks; photo albums; binders; stationery; writing journals; posters; packaging; namely blister cards; postcards; desk calendars; desk pads and desk top organizers; bookmarks; calendars; pen cases; pencil cases; lunch bags; temporary body tattoos

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 016, the mark was first used at least as early as 02/01/2001, and first used in commerce at least as early as 02/01/2001, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Digital image of a football trading card clearly displaying the mark in connection with Applicant’s goods.
Specimen File1

The applicant hereby appoints Nina Ringel of The Upper Deck Company, LLC, 5909 Sea Otter Place, Carlsbad, California, United States, 92010 to submit this application on behalf of the applicant.

Correspondence Information:	Nina Ringel
	5909 Sea Otter Place
	Carlsbad, California 92010
	760 929-3559(phone)
	760 929-6544(fax)
	trademarks@upperdeck.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: /Nina Ringel/   Date Signed: 11/06/2006
Signatory's Name: Nina Ringel
Signatory's Position: Attorney for Applicant



RAM Sale Number: 646
RAM Accounting Date: 11/07/2006

Serial Number: 77037951
Internet Transmission Date: Mon Nov 06 18:12:07 EST 2006
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XXX-2006110618120791
6672-77037951-3501ce5edcded316d9476b8aa7
a19844b4-DA-646-20061106174056809991