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: 78702507
Filing Date: 08/29/2005

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of MAGIC SPROUTZ.

The applicant, Spin Master Ltd., a corporation of Canada, residing at 450 Front Street West, Toronto, Ontario, Canada, M5V 1B6, 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 031: Beans in decorative pots that are inscribed with messages and which grow into plants that display the messages; eggs containing beans inscribed with messages such that when the bean hatches out of the egg the message is revealed; flower seeds in vacuum sealed cans, such that when the can is opened and water is added, the flower starts to bloom.

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada (CAX) application number, 1,258,998, filed 05/26/2005.15 U.S.C. Section 1126(d), as amended.

      International Class 031:Beans in decorative pots that are inscribed with messages and which grow into plants that display the messages; eggs containing beans inscribed with messages such that when the bean hatches out of the egg the message is revealed; flower seeds in vacuum sealed cans, such that when the can is opened and water is added, the flower starts to bloom.

The applicant hereby appoints Edward M. Weisz and Myron Cohen; Thomas C. Pontani, Ph.D.; Lance J. Lieberman; Martin B. Pavane; Thomas Langer; Michael C. Stuart; William A. Alper; Edward M. Weisz; Kent H. Cheng, Ph.D.; Sidney R. Bresnick; Yunling Ren, Ph.D.; Julia S. Kim; Mindy H. Chettih; Vincent M. Fazzari; Alfred W. Froebrich; Alfred H. Hemingway, Jr.; Roger S. Thompson; Teodor J. Holmberg; Lisa A. Ferrari; Richard D. Margiano; Darren S. Mogil; David P. Badanes; James P. Doyle; Mher Hartoonian, Alphonso A. Collins; Holly Y. Li and Jason S. Howell of Cohen, Pontani, Lieberman & Pavane, Suite 1210, 551 Fifth Avenue, New York, New York, United States, 10176 to submit this application on behalf of the applicant. The attorney docket/reference number is 5369-74.

The applicant hereby appoints Edward M. Weisz of  Cohen, Pontani, Lieberman & Pavane, Suite 1210, 551 Fifth Avenue, New York, New York, USA 10176 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

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

A fee payment in the amount of $325 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 m. weisz/   Date: 08/29/2005
Signatory's Name: Edward M. Weisz
Signatory's Position: Attorney for Applicant


Mailing Address:
     Edward M. Weisz
     Suite 1210
     551 Fifth Avenue
     New York, New York 10176

RAM Sale Number: 110
RAM Accounting Date: 08/30/2005

Serial Number: 78702507
Internet Transmission Date: Mon Aug 29 15:30:45 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005082915304583823
9-78702507-200e066989e0d440927924a6c75e5
7fbf-DA-110-20050829152638199515