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: HEALTHY EARTH
SERIAL NUMBER: 77830346



The applicant, Epoca, Inc., having an address of
      40 E Cotters Lane
      East Brunswick, New Jersey 08816
      US
is submitting the following allegation of use information:

For International Class 011:
Current identification: Electric coffee makers, electric coffee percolators, electric coffee pots, electric espresso machines, electric tea kettles, electric tea pots, electrically-heated mugs, electric coffee, seed, and cocoa bean roasters, electric temperature-controlled food and beverage dispensers, and components thereof

This allegation of use does not cover this specific class. This entire class is either to be permanently deleted from the application OR processed according to a Request to Divide.


For International Class 021:
Current identification: Cookware, namely, casserole dishes, dutch ovens, metal pans, frying pans, coated frying pans, non-stick frying pans, roasting pans, non-electric griddles, cooking utensils, namely, grills, non-electric kettles, tea pots of non-precious metals, tea pots, glass teapots, pots, stew pots, lids for pots, saucepans, woks, non-electric coffee makers, non-electric coffee makers, namely, coffee makers to make coffee beverages with mocha and cream, non-electric mocha cream makers, non-electric espresso coffee makers, non-electric coffee percolators, non-electric pots, non-electric coffee pots

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 06/06/2009, and first used in commerce at least as early as 11/12/2009, 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) digital photograph of product and product packaging.
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; 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: /staceywhitewelker/      Date Signed: 11/04/2010
Signatory's Name: Stacey White-Welker
Signatory's Position: Attorney of record, Maryland bar member

RAM Sale Number: 1516
RAM Accounting Date: 11/05/2010

Serial Number: 77830346
Internet Transmission Date: Thu Nov 04 15:10:13 EDT 2010
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2010110415101372
1042-77830346-470b046d74f1f16e09475f9629
1b042f641-CC-1516-20101104145413928929