Application

PTO Form 1478 (Rev 6/2005)

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

---

PTO Form 1478 (Rev 6/2005)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 78441955
Filing Date: 06/27/2004

To the Commissioner for Trademarks:

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

The literal element of the mark consists of NOKA CHOCOLATE.

The mark consists of Stylized word "NOKA" (with a macron or line above the stylized letter "O") underscored by the stylized word "CHOCOLATE".

The applicant, NOKA COMPANY, a corporation of Texas, residing at SUITE 737, 8400 STONEBROOK PKWY, FRISCO, TX, United States, 75034, 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.

Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 030: CHOCOLATE, CHOCOLATES, CHOCOLATE TRUFFLES, VARIETAL CHOCOLATE, CHOCOLATE-COVERED NUTS, CANDY, CONFECTIONS, CHOCOLATE-BASED DRINKS, GIFT ITEMS, INFORMATION SERVICES REGARDING ALL OF THE ABOVE-MENTIONED THROUGH THE INTERNET AND OTHER MEANS, RETAIL AND ONLINE RETAIL SERVICES FOR THE ABOVE-MENTIONED AND RELATED GOODS AND SERVICES

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

The USPTO is authorized to communicate with the applicant or its representative at the following email address: NHOUGHTON@NOKACHOCOLATE.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: /NOKA/   Date: 06/27/2004
Signatory's Name: NOAH HOUGHTON
Signatory's Position: DULY AUTHORIZED OFFICER


Mailing Address:
     NOAH HOUGHTON
     SUITE 737
     8400 STONEBROOK PKWY
     FRISCO, TX 75034

RAM Sale Number: 609
RAM Accounting Date: 06/28/2004

Serial Number: 78441955
Internet Transmission Date: Sun Jun 27 08:24:21 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004062708242113600
3-78441955-200b1ef721761fe474ed7f723c4ec
ee72bb-CC-609-20040627080519552043