Notice of Allowance

FRESHCAN

BALL PACKAGING EUROPE GMBH

Notice of Allowance


U.S. Patent and Trademark Office (USPTO) NOTICE OF ALLOWANCE


	NOTE: If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 703-746-3400. Please include the serial number of your application on ALL correspondence with the USPTO. ISSUE DATE: Nov 2, 2004


	Robert W. Becker Robert W. Becker & Associates 707 Highway 66 East, Suite B Tijeras NM 87059

** IMPORTANT INFORMATION: 6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce. You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark. You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of use ("Extension Request"). If you file an extension request, you must continue to file a new request every six months until the Statement of Use is filed. Applicant may file a total of five (5) extension requests. FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION.

Please note that both the "Statement of Use " and "Extension Request" have many legal requirements including fees. Therefore, we encourage use of the USPTO forms, available online at http://www.gov.uspto.report/teas/index.html (under "File a PRE-registration form"), to avoid the possible omission of important information. Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online. If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s).

The following information should be reviewed for accuracy:


SERIAL NUMBER:	78/164416
MARK:	FRESHCAN
OWNER:	Schmalbach-Lubeca AG
	Kaiserwerther Strasse 115 Ratingen , FED REP GERMANY 40880

This application has the following bases, but not necessarily for all listed goods/services:

Section 1(a): NO

Section 1(b): YES

Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

005 -	Filled beverage containers, namely cans, kegs, or barrels, entirely or primarily made of metal, and optionally filled by carbon dioxide and/or nitrogen and/or other gases, or having carbonization, which contain dietary supplement drinks, meal replacement drinks, and/or containing concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or preparing dietary supplement drinks or meal replacement drinks, optionally included with a liquid for such preparation; dietary supplement drinks, meal replacement drinks, concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or preparation of dietary supplement drinks or metal replacement drinks, optionally included with a liquid for such preparation
006 -	Containers, sold empty, primarily in the nature of cans, kegs or barrels, entirely or primarily made of metal, for storage of beverages, namely any alcoholic and non-alcoholic beverages, and beverage-related products, namely syrups, concentrates, powdered drink mixes, granulates, and crystals, all for beverage preparation
029 -	Filled beverage containers, namely cans, kegs or barrels, entirely or primarily made of metal, and optionally filled by carbon dioxide and/or nitrogen and/or other gases, or having carbonization, which contain non-alcoholic beverages, namely milk, flavored milks, dairy-based beverages, namely milkshakes, milk-containing beverages, whey, whey-containing drinks, dairy-based food-beverages, chocolate-flavored drinks, namely pre-mixed beverages, vegetable-based chocolate beverages, vegetable-based food beverages, chocolate dairy-based beverages, and/or containing concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation; milk, flavored milks, dairy-based beverages, namely milkshakes, milk-containing beverages, whey, whey-containing drinks, dairy-based food-beverages, chocolate-flavored drinks, namely pre-mixed beverages, vegetable-based chocolate beverages, vegetable-based food beverages, and chocolate dairy-based beverages, and/or concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powders granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation
030 -	Filled beverage containers, namely cans, kegs or barrels, entirely or primarily made of metal, and optionally filled by carbon dioxide and/or nitrogen and/or other gases, or having carbonization, which contain non-alcoholic beverages, namely non-dairy, non-food based chocolate beverages, coffee, coffee-based drinks, namely coffee-flavored drinks, cappuccino beverages, latte beverages, tea, tea-based beverages, herbal tea for food purposes, herbal tea-based drinks, and/or concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation; non-dairy, non-food based chocolate beverages, coffee, coffee-based drinks, namely coffee-flavored drinks, cappuccino beverages, latte beverages, tea, tea-based beverages, herbal tea for food purposes, herbal tea-based drinks, and/or concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation
032 -	Filled beverage containers, namely cans, kegs or barrels, entirely or primarily made of metal, and optionally filled by carbon dioxide and/or nitrogen and/or other gases, or having carbonization, which contain alcoholic beverages namely, beer and ale, non-alcoholic beverages, namely, non-alcoholic malt beverages, isotonic drinks, ciders, fruit drinks, fruit-flavored soft drinks, fruit juices, fruit nectars, fruit punch, fruit-based soft drinks flavored with tea, fruit-flavored drinks, ginger ale, ginger beer, vegetable juices, soft drinks flavored with tea colas, soft drinks, lemonade, vegetable-based drinks, fruit-based drinks, other plant-based drinks, fruit-flavored drinks, sports drinks, water, mineral water, aerated water, flavored-water non-dairy-non vegetable based beverages; and/or containing concentrates, syrups, extracts, essences, or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation; alcoholic beverages, namely, beer and ale, or non-alcoholic beverages, namely, non-alcoholic malt beverages, isotonic drinks, ciders, fruit drinks, fruit-flavored soft drinks, fruit juices, fruit nectars, fruit punch, fruit-based soft drinks flavored with tea, fruit-flavored drinks, ginger ale, ginger beer, vegetable juices, soft drinks flavored with tea, colas, soft drinks, lemonade, vegetable-based drinks, fruit-based drinks, other plant-based drinks, fruit-flavored drinks, sports drinks, water, mineral water, aerated water, flavored-water, non-dairy-non-vegetable-based beverages, and/or concentrates, syrups, extracts, essences, or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED

ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS