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: 77658154

Filing Date: 01/28/2009

To the Commissioner for Trademarks:

MARK: BERRY (stylized and/or with design, see mark)

The literal element of the mark consists of BERRY.
The applicant is not claiming color as a feature of the mark. The mark consists of the letters "b" and "e" inside a circle with arrow design followed by the letters "rry" outside the circle.
The applicant, The Berry Company LLC, a limited liability company legally organized under the laws of Colorado, having an address of
      188 Inverness Drive West
      Englewood, Colorado 80112
      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 016:  Printed telephone directories
Intent to Use: The applicant 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)).

       International Class 035:  Telephone directory and advertising services, namely, promoting the goods and services of others via the preparation and dissemination of advertisements and listings and via consulting services related thereto, and placing such advertisements and listings in printed publications and directories, and in on-line publications and directories; computer services, namely, providing on-line telephone directories via the global computer network; business marketing and direct mail consulting services
Intent to Use: The applicant 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)).

       International Class 041:  Publication of telephone directories
Intent to Use: The applicant 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)).

       International Class 042:  Computer services and website consulting services, namely, designing, developing, hosting and maintaining the websites of others on a computer server for a global computer network; consulting and advice in the field of designing, developing, hosting, maintaining and managing online commerce websites; creating indexes of searchable information, websites, key words and other resources available on a global computer network
Intent to Use: The applicant 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)).



The applicant hereby appoints Tracy B. Gray and Valerie Brennan, Timothy J. Lyden, Patrick K. Perrin, Jared Z. Crain of Hogan & Hartson LLP
      Box Intellectual Property
      8300 Greensboro Drive, Suite 1100
      McLean, Virginia 22102
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 27769.0002.

Correspondence Information:	Tracy B. Gray
	Box Intellectual Property
	8300 Greensboro Drive, Suite 1100
	McLean, Virginia 22102
	720-406-5300(phone)

A fee payment in the amount of $1300 has been submitted with the application, representing payment for 4 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: / John S. Fischer /   Date Signed: 01/27/2009
Signatory's Name: John S. Fischer
Signatory's Position: General Counsel



RAM Sale Number: 6283
RAM Accounting Date: 01/28/2009

Serial Number: 77658154
Internet Transmission Date: Wed Jan 28 11:56:43 EST 2009
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2009012811564394
5032-77658154-44036fc8c504b8fcf6f15db1bf
b8e236-DA-6283-20090127173704173197