Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77902924

Filing Date: 12/30/2009

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant is not claiming color as a feature of the mark. The mark consists of the words "choCOWlate chip" in stylized form.
The applicant, Ben & Jerry's Homemade, Inc., a corporation of Vermont, having an address of
      30 Community Drive, Suite 1
      South Burlington, Vermont 05403-6828
      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, for the following:

       International Class 030:  Ice cream, frozen confections
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's current Attorney Information:
Lisa W. Rosaya and Pamela T. Church, Julia R. Talke, April Rademacher and all other attorneys at the firm of Baker & McKenzie LLP
      1114 Avenue of the Americas
      New York, New York 10036
      United States
The attorney docket/reference number is 39193324.05.

The applicant's current Correspondence Information:

Lisa W. Rosaya

Baker & McKenzie LLP

1114 Avenue of the Americas

New York, New York 10036

212-626-4557(phone)

212-310-1659(fax)

nyctrademarks@bakernet.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: /alr/   Date Signed: 12/30/2009
Signatory's Name: April Rademacher
Signatory's Position: Authorized Attorney at the Firm of Record, New York bar member



RAM Sale Number: 1442
RAM Accounting Date: 12/31/2009

Serial Number: 77902924
Internet Transmission Date: Wed Dec 30 15:20:39 EST 2009
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20091230152039941
666-77902924-460db59598762bf9133e4d3fafc
e7d6a34f-DA-1442-20091230131040433897