Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78328244
Filing Date: 11/14/2003

To the Commissioner for Trademarks:

MARK: SWIRL (stylized and/or with design, see mark)

The literal element of the mark consists of SWIRL.

The color(s) A gradient rainbow of color, consisting of yellow, green, orange, red, blue, and purple. is/are claimed as a distinctive feature of the mark.

The mark consists of A composite mark consisting of interlocking curved lines forming a pinwheel shape that is a gradient rainbow of the colors yellow, green, orange, red, blue, and purple, along with the word "swirl" in stylized lettering..

The applicant, Culpepper Sales, LLC, a limited liability company organized under the laws of Texas, residing at Suite 201, 2420 Tarpley Road, Carrollton, TX, USA, 75006, 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.

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 032: Frozen soft drinks, namely, fruit and coffee flavored concentrates used for making frozen, non-carbonated beverages.

In International Class 032, the mark was first used at least as early as 06/22/1998, and first used in commerce at least as early as 06/22/1998, 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.

No claim is made to the exclusive right to use SWIRL apart from the mark as shown.

The applicant hereby appoints Cherry J. Hearn of Law Office of Cherry J. Hearn, Suite 400, 16000 Dallas Parkway, Dallas, TX, USA, 75248 to submit this application on behalf of the applicant.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: cjh@cherryhearn.com.

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: /cherry hearn/   Date: 11/14/2003
Signatory's Name: Cherry J. Hearn
Signatory's Position: Attorney


Mailing Address:
     Cherry J. Hearn
     Suite 400
     16000 Dallas Parkway
     Dallas, TX 75248

RAM Sale Number: 188
RAM Accounting Date: 11/17/2003

Serial Number: 78328244
Internet Transmission Date: Fri Nov 14 16:28:53 EST 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20031114162853833359
-78328244-2005d584f6ade5fe6b6ad7a5183c48
46f6-CC-188-20031114162632096956