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: 78498410
Filing Date: 10/12/2004

To the Commissioner for Trademarks:

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

The literal element of the mark consists of ALBUQUERQUE DUKES.

The applicant, Fred J. Matteucci, a citizen of United States, residing at P. O Box 91782, Albuqureque, NM, United States, 87199-1782, 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 025: Clothing, namely, baseball jackets, caps, jerseys, sweat pants, sweat shirts, T-shirts, and windbreakers

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

The applicant hereby appoints DeWitt M. Morgan and Matthew S. Wermager of Rodey Dickason Sloan Akin & Robb PA, P. O. Box 1888, Albuquerque, NM, United States, 871031888 to submit this application on behalf of the applicant. The attorney docket/reference number is 14793-45270-25.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: dmorgan@rodey.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: /DMMORGAN/   Date: 10/12/2004
Signatory's Name: DeWitt M. Morgan
Signatory's Position: Attorney for Applicant


Mailing Address:
     DeWitt M. Morgan
     P. O. Box 1888
     Albuquerque, NM 871031888

RAM Sale Number: 99
RAM Accounting Date: 10/13/2004

Serial Number: 78498410
Internet Transmission Date: Tue Oct 12 15:22:57 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXXX-20041012152257858
344-78498410-200bad6ea854c04ef9d962d82d2
b628a-DA-99-20041012152125384363