| PTO Form 1966 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 77187800 |
| MARK SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 030 |
| DESCRIPTION | Frozen confections |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 08/01/2006 |
| FIRST USE IN COMMERCE DATE | At least as early as 10/26/2006 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 030 |
| DESCRIPTION | Frozen confections |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/13/2007 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/13/2007 |
| SIGNATURE SECTION | |
| SIGNATURE | /Jim Picariello/ |
| SIGNATORY NAME | Jim Picariello |
| SIGNATORY POSITION | President |
| DATE SIGNED | 06/03/2007 |
| SIGNATURE | /Jim Picariello/ |
| SIGNATORY NAME | Jim Picariello |
| SIGNATORY POSITION | President |
| DATE SIGNED | 06/03/2007 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Sun Jun 03 16:31:17 EDT 2007 |
| TEAS STAMP | USPTO/PA-XXXXXXXXXX-20070 603163117454004-77187800- 200a51a8282c213468167d889 9b2592a030-N-N-2007060316 3102775025 |
| PTO Form 1966 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Application serial no. 77187800 is amended as follows: | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 030 for Frozen confections | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 030 for Frozen confections | |
| Section 1(a), Use in Commerce: 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2007 and first used in commerce at least as early as 02/13/2007, and is now in use in such commerce. | |
| Declaration Signature |
|
| If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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 as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, and that such willful false statements 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. §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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. | |
| Signature: /Jim Picariello/ Date: 06/03/2007 | |
| Signatory's Name: Jim Picariello | |
| Signatory's Position: President | |
| Preliminary Amendment Signature | |
| Signature: /Jim Picariello/ Date Signed: 06/03/2007 | |
| Signatory's Name: Jim Picariello | |
| Signatory's Position: President | |
| Serial Number: 77187800 | |
| Internet Transmission Date: Sun Jun 03 16:31:17 EDT 2007 | |
| TEAS Stamp: USPTO/PA-XXXXXXXXXX-20070603163117454004 -77187800-200a51a8282c213468167d8899b259 2a030-N-N-20070603163102775025 |