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: BERRY (stylized and/or with design)
SERIAL NUMBER: 77658154



The applicant, The Berry Company LLC, having an address of
      188 Inverness Drive West
      Englewood, Colorado 80112
      United States
is submitting the following allegation of use information:

For International Class 016:
Current identification: Printed telephone directories

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2010, and first used in commerce at least as early as 01/01/2010, 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) Telephone directory cover.
Specimen File1


For International Class 035:
Current identification: 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

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2010, and first used in commerce at least as early as 01/01/2010, 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) website screen shot.
Specimen File1


For International Class 041:
Current identification: Publication of telephone directories

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2010, and first used in commerce at least as early as 01/01/2010, 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) telephone directory cover, website screen shot.
Specimen File1
Specimen File2


For International Class 042:
Current identification: 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

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2010, and first used in commerce at least as early as 01/01/2010, 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) website screen shots.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.


A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; 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: 08/30/2011
Signatory's Name: John S. Fischer
Signatory's Position: General Counsel

RAM Sale Number: 10618
RAM Accounting Date: 08/31/2011

Serial Number: 77658154
Internet Transmission Date: Wed Aug 31 12:59:10 EDT 2011
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2011083112591009
0665-77658154-480fc2feab2605a53175525b33
52924336a-CC-10618-20110830121522481796