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: 78449493
Filing Date: 07/12/2004

To the Commissioner for Trademarks:

MARK: HANSEN'S NATURAL SODA (stylized and/or with design, see mark)

The literal element of the mark consists of HANSEN'S NATURAL SODA.

The applicant, Hansen Beverage Company, a corporation of Delaware, residing at 1010 Railroad Street, Corona, CA, USA, 92882, 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: Fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer water.

In International Class 032, the mark was first used at least as early as 04/00/1998, and first used in commerce at least as early as 04/00/1998, 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, consisting of a(n) Copy of a screenprint label.

      Specimen - 1

The applicant hereby appoints Bobby Ghajar and Katherine M. Basile, Erica J. Heibel and Cynthia R. Adwere of HOWREY SIMON ARNOLD & WHITE, LLP, 301 Ravenswood Avenue, Menlo Park, CA, USA, 94025 to submit this application on behalf of the applicant. The attorney docket/reference number is 03167.0041.TMUS00.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: svdocket@howrey.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:
Signatory's Name: Rodney C. Sacks
Signatory's Position: Chairman of the Board

Signatory's Signature: Signature

Mailing Address:
     Bobby Ghajar
     301 Ravenswood Avenue
     Menlo Park, CA 94025

RAM Sale Number: 542
RAM Accounting Date: 07/13/2004

Serial Number: 78449493
Internet Transmission Date: Mon Jul 12 19:43:07 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXXX-20040712194307891
503-78449493-2009ca25677c8b58c789cbaaf5b
83ca-DA-542-20040712194122337936