Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

---

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: ACTIVA
SERIAL NUMBER: 77683682
An Extension of Time form is being filed with the Allegation of Use.

The applicant, Esmeralda Farms, Inc., having an address of
      1800 N.W. 89th Place
      Doral, Florida 33172
      United States
is submitting the following allegation of use information:

For International Class 031:
Current identification: fresh cut flowers

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 09/24/2005, and first used in commerce at least as early as 09/24/2005, 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) The specimens submitted consist of a photograph of the goods bearing the mark, a printout from Applicant's website detailing the specifications and availability of the product sold under the mark, and an advertisement offering the sale of the product under the mark..

JPG file(s):
Specimen File1
Original PDF file:
SPN0-6411510758-170723147_._ACTIVA_-_pink_ACTIVA_-_spec_of_use.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-6411510758-170723147_._ACTIVA_advertisement_spec_of_use.pdf
Converted PDF file(s) (1 page)
Specimen File1



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


A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


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, or, if the form is being filed under 15 U.S.C. Section 1126(d) or (e), 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: 03/22/2010
Signatory's Name: Caroline G. Boehm
Signatory's Position: Attorney of record, New York state bar member

RAM Sale Number: 4129
RAM Accounting Date: 03/23/2010

Serial Number: 77683682
Internet Transmission Date: Mon Mar 22 17:19:38 EDT 2010
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2010032217193832
3675-77683682-46041ec108d10688dd2139db93
67cdafafc-CC-4129-20100322170723147316