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: 77101739

Filing Date: 02/07/2007

To the Commissioner for Trademarks:

MARK: EL REY ONION PASTE PASTA DE CEBOLLA NEWT WT. 8.8 OZ PESO NETO 250G NO ARTIFICAL PRESERVATIVES, COLOURS AND FLAVORS. SIN CONSERVANTES NI COLORANTES ARTIFICIALES. (stylized and/or with design, see mark)

The literal element of the mark consists of EL REY ONION PASTE PASTA DE CEBOLLA NEWT WT. 8.8 OZ PESO NETO 250G NO ARTIFICAL PRESERVATIVES, COLOURS AND FLAVORS. SIN CONSERVANTES NI COLORANTES ARTIFICIALES.. The applicant claims color as a feature of the mark, namely, GREEN, YELLOW, RED, WHITE, BLACK AND BEIGE. The mark consists of GREEN BACKGROUND, A DESIGN OF A KING IN THE COLORS YELLOW, RED, WHITE, BLACK AND BEIGE, A DEPICTION OF ONIONS IN AN OVAL SURROUNDED BY AN OVAL RING SHOWING THE WORDS ONION PASTE AND PASTA DE CEBOLLA; UNDERNEATH THE OVAL ADDITIONAL ONIONS ARE SHOWN WITH ONION PASTE IN THE MIDDLE, ON THE BOTTOM OF THE DRAWING, IN THE MIDDLE, IN WHITE WITH A BLACK BORDER, THE WORDS NET WT. 8.8 OZ. PESO NETO 250G AND, IN THE RIGHT LOWER CORNER, IN RED ON YELLOW BACKGROUND, THE WORDS NO ARTIFICIAL PRESERVATIVES, COLOURS AND FLAVORS. SIN CONSERVANTES NI COLORANTES ARTIFICIALES ARE SHOWN.
The applicant, Fabrica de Especias y Productos EL REY S.A., a corporation of Colombia, having an address of Calle 40 Sur No. 68D - 55, 7700500 Bogota, Colombia, 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 029:  Preserved fruits and vegetables (dried and cooked); jellies, marmalades, compotes, eggs, milk and dairy products; vegetable paste, onion paste

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of Colombia registration number 06-042408, registered __________ with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

       International Class 030:  Tea, sugar, rice, tapioca, sago, flour and cereal products, bread, pastries and confectioneries, ice cream; honey, molasses syrup; yeasts, baking soda; salt, mustard; vinegar, condiments (seasonings), ice

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of Colombia registration number 06-051243, registered __________ with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

The applicant hereby appoints Katrin Lewertoff and Peter J. Toren of Sidley Austin LLP, 787 Seventh Avenue, New York, New York, United States, 10019 to submit this application on behalf of the applicant. The attorney docket/reference number is DT-7310.

Correspondence Information:	Katrin Lewertoff
	787 Seventh Avenue
	New York, New York 10019
	212 839 7366(phone)
	212 839 5599(fax)
	klewertoff@sidley.com (authorized)

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 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: /Katrin Lewertoff/   Date Signed: 02/07/2007
Signatory's Name: Katrin Lewertoff
Signatory's Position: Attorney



RAM Sale Number: 437
RAM Accounting Date: 02/08/2007

Serial Number: 77101739
Internet Transmission Date: Wed Feb 07 16:26:03 EST 2007
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2007020716260325
2495-77101739-3607cb7a03dac4c67f9d2ede1d
735984b-DA-437-20070207153956766044