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: 78271448
Filing Date: 07/08/2003

To the Commissioner for Trademarks:

MARK:  TOPS

The applicant, Tops Brands, Inc., a corporation of Delaware, residing at 300 Delaware Avenue, Wilmington, DE USA 19801, 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, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

           International Class 030: Bread, bagels, frozen waffles, donuts, pastries, frozen entrees consisting primarily of pasta, ice cream, frozen confections, pie crust mix, rolls, crackers, cakes, cheesecakes, cake mixes, marshmallows, honey, breadcrumbs, seasoned coatings for meat, fish and poultry, stuffing mixes containing bread, pudding mixes, chocolate chips for baking, flour, corn meal, baking powder, sugar, pancake syrup, pancake mixes, spices, coffee, tea, cocoa, ketchup, mustard, pickle relish, barbecue sauce, Worcestershire sauce, tartar sauce, steak sauce, spaghetti sauce, tomato sauce, mayonnaise, vinegar, breakfast cereal, breakfast pastries, rice, rice cakes, canned prepared foods consisting primarily of pasta, prepared pizza, sandwiches, pasta salad.

In International Class 030: the mark was first used at least as early as 00/00/1976, and first used in commerce at least as early as 00/00/1976, 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) Advertising circular containing photographs of product illustrating that mark appears on product packaging.
           Specimen - 1


"Applicant claims ownership of U.S. Registration Number(s) 0763677 1433101 and others."

The applicant, hereby appoints Michael A. Doctrow and Harvey Freedenberg and Jonathan P. Miller of  McNees Wallace & Nurick, 100 Pine Street, Harrisburg, PA USA 17108 to submit this application on behalf of the applicant.


A fee payment in the amount of $335 will be 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: /joan dobrzynski/   Date: 07/08/2003
Signatory's Name: Joan Dobrzynski
Signatory's Position: President

Mailing Address:
     Michael A. Doctrow
     100 Pine Street
     Harrisburg, PA 17108

RAM Sale Number: 788
RAM Accounting Date: 07/08/2003

Serial Number: 78271448
Internet Transmission Date: Tue Jul 08 12:41:36 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-20030708124136502138-78271448-200b2848fe6a98e1c91e8af2fb48edab27-ET-788-20030708094651083205