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: 78316992
Filing Date: 10/22/2003

To the Commissioner for Trademarks:

MARK:  MOO-LA-LA

The applicant, Stonyfield Farm, Inc., a corporation of DE, residing at 10 Burton Drive, Londonderry, NH USA 03053, 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 029: Yogurt

In International Class 029: the mark was first used at least as early as 10/15/2003, and first used in commerce at least as early as 10/15/2003, 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) Mark on packaging of goods.
           Specimen - 1


The applicant, hereby appoints Edward A. Haffer and Douglas G. Verge of  Sheehan Phinney Bass + Green, P.A., 1000 Elm Street, PO Box 3701, Manchester, NH USA 03105-3701 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: /Edward A. Haffer/   Date: 10/22/2003
Signatory's Name: Edward A. Haffer
Signatory's Position: Attorney

Mailing Address:
     Edward A. Haffer
     1000 Elm Street, PO Box 3701
     Manchester, NH 03105-3701

RAM Sale Number: 925
RAM Accounting Date: 10/22/2003

Serial Number: 78316992
Internet Transmission Date: Wed Oct 22 13:38:03 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXXXX-20031022133803211181-78316992-20004fd2f0a015c8b4aabf4a58692c785-CC-925-20031022133257111337