Application

PTO Form 4.9 (Rev 12/1999)

OMB Control #0651-0009 (Exp. 09/30/2008)

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PTO Form 4.9 (Rev 12/1999)

OMB Control #0651-0009 (Exp. 09/30/2008)

Certification Mark Form, Principal Register

Serial Number: 77100552
Filing Date: 02/06/2007

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of DEMETER.

The applicant, DEMETER ASSOCIATION, INC, a corporation of Massachusetts, having an address of PO Box 1390, Philomath, Oregon, United States, 97370, requests registration of the Certification 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.

Applicant is exercising legitimate control over the use of the certification mark in commerce on or in connection with the below-identified goods/services. (15 U.S.C. Sections 1051(a) and 1054). Applicant is not engaged in the production or marketing of the goods or services to which the mark is applied. Applicant submits or will submit one (1) SPECIMEN with this form showing the mark as used by authorized persons in commerce. Applicant submits with this form or will later submit a COPY OF STANDARDS the applicant uses to determine whether goods and/or services will be certified.

      International Class A: Products meeting organic and as well as certain ecological, farm diversity and other standards and guidelines, namely, processed food, unprocessed food, drinks, dietary supplements, fiber products, body care products, soil additives, manure and herbal based soil additives, cosmetics, essential oils for fragrance and personal use, essential oils for use in manufacturing herbal oils, skin care products, skin oils, food supplements, nutritional supplements, herbal teas, herbal products, herbs used for aroma therapy, herbal supplements, medicinal herbs, herbal extracts, herbal essences, flower essences, fleece wool, cotton, flannel, cotton yarn, wool yarn, beddings, blankets, receiving blankets, twin-size blankets, king and queen-size blankets, crib blankets, clothing, infant wear, children's clothing, women's clothing, men's clothing, booties, footed pants, baby bodywear, soft shoes, cardigan finger covers, gowns, kimonos, buntings, leggings, camisoles, shirts, pullovers, hooded shirt, sweat shirts, blouses, turtle necks, cloth diapers, diaper covers, diaper liners, dresses, footwear, infant wear, jumpers, overalls, panties, pants, playsuits, shirts, shorts, skirts, sleepwear, pants, tank tops, thermal underwear, thermal socks, tops, t-shirts, undergarments, underpants, undershirts, underwear, boxer shorts, briefs, long johns, hats, dolls, dolls and accessories, toys, puppets, ragdolls, stuffed toy animals, stuffed toys, play mats, floor mats, meat, poultry, lamb, bacon, beef, beef patties, stew beef, pork, fresh fruits and vegetables, preserved and dried fruits and vegetables, dried beans, dried soybeans, fruit chips, cooked fruits and vegetables, candied fruits, jellies, jams, fruit sauces, fruit spreads, preserves, eggs, milk and milk products, butter, cheese, cheese with flavorings, cheddar cheese, jack cheese, mozzarella, edam, alpine, bianca cheese, eggs, conserves, snack food, fruit leathers, ham, glazed fruit, hamburger, jams, jerky, lard, dates, lemons, raisins, preserves, sauerkraut, sausages, sliced fruit, soups, sauces, tahini, toppings, vegetable oils, whey, yogurt, quark, coffee, tea, fresh and dried culinary herbs, spices, allspice, black pepper, cinnamon, cardamom, patchouli, vanilla beans, ylang ylang, bakery goods, bread, buns, muffins, pastries, cookies, pizza shells, scones, rolls, pitta bread, chocolate, cocoa, datesyrup, falafel mix, flour, herbal tinctures, macaroni, noodles, pasta, grains, oatmeal, cereals, edible oils, vegetable oils, olive oil, sunflower oil, pancake syrup, maple syrup, grape syrup, rice, rolled oats, rolls, salsa, sauces, vinegar, wine vinegar, grape vinegar, pastries, pickled relish, pickled ginger, processed grain, sesame bars, seeds, nuts, spaghetti, non-essential oils, bran, coffee beans, coffee substitutes, grain-based foodbeverages, live animals, livestock, apples, apricots, asparagus, avocados, basil, beans, beets, berries, blackberries, blueberries, cabbage, cacao, carrots, cherries, corn, cucumbers, eggplants, grapes, green leafy vegetables, garlic, guavas, ginger, herbs, kale, kumquats, leeks, lettuce, limes, lemons, loganberries, melons, marion berries, nectarines,nuts, oats, onions, oranges, peaches, peas, peppers, potatoes, radishes, root vegetables, scallions, strawberries, sweet potatoes, tangelos, tomatoes, turnips, wheat, squash, zucchini; cut flowers, flower seeds, live flowers, flowering plant, flower bulbs; food for animals, animal feed and foodstuffs, cattle feed; baby powder, baby oil, aroma therapy oils, hay, unprocessed grains for planting, seeds for planting, medicinal plant seeds, almonds, walnuts, grains for food, kamut, spelt, durum, sunflowers, buckwheat, flax, rye, barley, soybeans; non-alcoholic beverages, drinks, juices, apple juice, grape juice, grape must, lemonade, sweet cider. alcoholic beverages, brandy, brandy spirits, red and white wines, alcohol for processing herbs and flower essences

In International Class A, the mark was first used at least as early as 07/01/1985 by persons authorized by the applicant, and first used in commerce at least as early as 07/01/1985 by persons authorized by the applicant, 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) scanned/digitally photographed label.

      Specimen - 1
      Specimen - 2

The certification mark as used by authorized persons certifies that the products have been grown, handled and processed in accordance with the attached "Guidelines and Standards for the Farmer for DEMETER BIODYNAMIC® Certification, In-Conversion to DEMETER BIODYNAMIC® and Aurora Certified Organic®," "DEMETER USA WINE MAKING STANDARDS" and "DEMETER Processing Guidelines" which set out organic standards as well as certain ecological, farm-diversity and other standards and guidelines.

Applicant claims ownership of U.S. Registration Number(s) 7209788, 2099609, 1999266, and others .

The applicant hereby appoints Aleen Rothschild-Seidel of Law Office of Aleen Rothschild-Seidel, Suite 1000, 1025 Connecticut Avenue NW, Washington, District of Columbia, United States, 20036 to submit this application on behalf of the applicant.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: ARSOffice@verizon.net.

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 may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the certification mark sought to be registered, or, if the form is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to exercise legitimate control over use of the 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 and/or 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: /Jim Fullmer/   Date: 02/06/2007
Signatory's Name: Jim Fullmer
Signatory's Position: Director, DEMETER ASSOCIATION


Mailing Address:
     Aleen Rothschild-Seidel
     Suite 1000
     1025 Connecticut Avenue NW
     Washington, District of Columbia 20036

RAM Sale Number: 464
RAM Accounting Date: 02/07/2007

Serial Number: 77100552
Internet Transmission Date: Tue Feb 06 16:26:19 EST 2007
TEAS Stamp: USPTO/CTM-XX.XXX.XXX.XX-2007020616261919
5502-77100552-360f647917f0c1cd93d62c276d
12540ec-CC-464-2007020613273519627