TEAS Plus New 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

TEAS Plus Application

Serial Number: 77113265

Filing Date: 02/22/2007

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

The applicant, Sundance Spas, Inc., a corporation of California, having an address of 14525 Monte Vista Avenue, Chino, California, United States, 91710, 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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 011:  Spas in the nature of heated pools

If the applicant is filing under Section 1(b), intent to use, the applicant declares that it 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), as amended.

If the applicant is filing under Section 1(a), actual use in commerce, the applicant declares that it is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended.

If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

The owner of Registration No. 2040520 is a related entity to Applicant

The applicant hereby appoints Michael J Dalton of Donahue Gallagher Woods LLP, Suite 1900, 300 Lakeside Drive, Oakland, California, United States, 94612 to submit this application on behalf of the applicant.

Correspondence Information:	Michael J Dalton
	Suite 1900
	300 Lakeside Drive
	Oakland, California 94612
	(510) 451-0544(phone)
	(510) 832-1486(fax)
	michael@donahue.com (authorized)

A fee payment in the amount of $275 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: /Michael J Dalton/   Date: 02/22/2007
Signatory's Name: Michael J Dalton
Signatory's Position: Attorney

RAM Sale Number: 1598
RAM Accounting Date: 02/22/2007

Serial Number: 77113265
Internet Transmission Date: Thu Feb 22 12:09:34 EST 2007
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XXX-2007022212093480
4287-77113265-3607d4ddc368d894384162f25f
d291ad6-CC-1598-20070222114501969050