Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: BLUE DIAMOND ALMONDS MOVIE NUT (stylized and/or with design)
SERIAL NUMBER: 77112475

This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.

The applicant, Blue Diamond Growers, having an address of 1802 C Street, Sacramento, California United States 95814, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 041:
Current identification: Entertainment services, namely, conducting contests

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2007, and first used in commerce at least as early as 01/00/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) an in-store display associated with the services.
Specimen File1
Specimen File2
Specimen File3

For International Class 029:
Current identification: Processed nuts

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2007, and first used in commerce at least as early as 01/00/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) an in-store display associated with the goods.
Specimen File1
Specimen File2
Specimen File3

The applicant hereby appoints Susan G. O'Neill and Garner K. Weng and Barbara L. Friedman of  Hanson Bridgett LLP, 425 Market Street, 26th Floor, San Francisco, California United States 94105-5401 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 9990.400.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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 the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /Doug Youngdahl/      Date Signed: 03/31/2008
Signatory's Name: Doug Youngdahl
Signatory's Position: President and CEO

Mailing Address:
   Hanson Bridgett LLP
   
   425 Market Street, 26th Floor
   San Francisco, California 94105-5401

Mailing Address:
   Hanson Bridgett LLP
   
   425 Market Street, 26th Floor
   San Francisco, California 94105-5401

RAM Sale Number: 8553
RAM Accounting Date: 03/31/2008

Serial Number: 77112475
Internet Transmission Date: Mon Mar 31 13:55:42 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200803311355422
44324-77112475-400f5c2a450a2a7694b72f421
d29e9b2b32-DA-8553-20080328161401234299