Application

PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

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PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

Trademark/Service Mark Application, Principal Register, with Declaration

Serial Number: 78243627
Filing Date: 04/30/2003

To the Commissioner for Trademarks:

MARK: (Stylized or Design Format, see drawing page)


The applicant, Representaciones Artisticas Apodaca, S.A. de C.V., a corporation of Mexico, residing at Treviño 1549 Ate, esq. Heroes del 47, Monterrey, Nuevo Leon Mexico 6400, requests registration of the trademark/service mark shown on the drawing page 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.

The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

           International Class 009: Prerecorded audio and visual recordings in all forms, namely, cassette tapes, compactdiscs, phonograph records, audio and video tapes all featuring music.
           International Class 041: entertainment services in the nature of a live musical group

In International Class 009: the mark was first used at least as early as 01/01/1985, and first used in commerce at least as early as 01/01/1985, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Digitally photograph image of the mark imprinted on a packaging for the goods. .
           Specimen - 1
           Specimen - 2


In International Class 041: the mark was first used at least as early as 01/01/1985, and first used in commerce at least as early as 01/01/1985, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Digitally photograph image of the mark displayed on a sign for advertisement purposes..
           Specimen - 1

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit Mexico registration number 630941, registered 03/06/1998 with a renewal date of 03/06/2008 and an expiration date of 03/06/2008 before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 009: Prerecorded audio and visual recordings in all forms, namely, cassette tapes, compactdiscs, phonograph records, audio and video tapes all featuring music.

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:
           Foreign Registration - 1
           Foreign Registration - 2
           Foreign Registration - 3

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit Mexico registration number 424433, registered 10/24/1991 with a renewal date of 10/24/2001 and an expiration date of 10/24/2011 before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 041: entertainment services in the nature of a live musical group

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:
           Foreign Registration - 1
           Foreign Registration - 2
           Foreign Registration - 3
           Foreign Registration - 4
           Foreign Registration - 5


The applicant, hereby appoints Jesus Sanchelima, Esq. and Albert Bordas, Esq. of  Sanchelima & Associates, P.A., 235 S.W. Le Jeune Road, Miami, FL USA 33134-1762 to submit this application on behalf of the applicant.


A fee payment in the amount of $670 will be submitted with the application, representing payment for 2 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.


Signatory's Name: Oscar Flores Elizondo
Signatory's Position: President

Mailing Address:
     Jesus Sanchelima, Esq.
     235 S.W. Le Jeune Road
     Miami, FL 33134-1762

RAM Sale Number: 659
RAM Accounting Date: 04/30/2003

Serial Number: 78243627
Internet Transmission Date: Wed Apr 30 09:43:50 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-20030430094350590018-78243627-20067b217478eacc7bf68c733da78697f-DA-659-20030430093707108170