Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77636262

Filing Date: 12/18/2008

To the Commissioner for Trademarks:

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

The applicant, Esmeralda Farms, Inc., a corporation of Colombia, having an address of
      1800 N.W. 89th Place
      Doral, Florida 33172
      United States
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 031:  flowers

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, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 031, the mark was first used at least as early as 08/01/1987, and first used in commerce at least as early as 08/01/1987, and is now in use in such commerce. The applicant is submitting one specimen(s) 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) photograph of product packaging bearing mark.
Specimen File1


The foreign wording in the mark translates into English as "emerald".

The applicant claims ownership of U.S. Registration Number(s) 2061277, 2057115, and 2109006.

The applicant hereby appoints Caroline G. Boehm and Milton Springut, David A. Kalow of Kalow & Springut LLP
      FL 19
      488 Madison Avenue
      New York, New York 10022
      United States
to submit this application on behalf of the applicant.

Correspondence Information:	Caroline G. Boehm
	FL 19
	488 Madison Avenue
	New York, New York 10022
	(212) 813-1600(phone)
	cboehm@creativity-law.com (authorized)

A fee payment in the amount of $325 has been 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: /CGB/   Date Signed: 12/18/2008
Signatory's Name: Caroline G. Boehm
Signatory's Position: Attorney of record, New York state bar member



RAM Sale Number: 3531
RAM Accounting Date: 12/19/2008

Serial Number: 77636262
Internet Transmission Date: Thu Dec 18 17:45:18 EST 2008
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20081218174518908
199-77636262-40099c3f0dfd727ec955cf8d0e7
7c9c62b8-CC-3531-20081218171248205128