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: 78706331
Filing Date: 09/02/2005

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 XLR8.

The applicant, BestSweet, Inc., a corporation of New Jersey, residing at 288 Mazeppa Road, Mooresville, North Carolina, United States, 28815, 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 030: confections with an energy boost

In International Class 030, the mark was first used at least as early as 08/15/2005, and first used in commerce at least as early as 08/15/2005, 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) point of purchase display, product packaging.

      Specimen - 1
      Specimen - 2
      Specimen - 3
      Specimen - 4

The applicant hereby appoints Thomas J. Donovan of Barnes & Thornburg LLP, Post Office Box 2786, Chicago, Illinois, United States, 60690-2786 to submit this application on behalf of the applicant. The attorney docket/reference number is 40266-100326.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: tdonovan@btlaw.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: /tdonovan/   Date: 09/02/2005
Signatory's Name: Thomas J. Donovan
Signatory's Position: Attorney


Mailing Address:
     Thomas J. Donovan
     Post Office Box 2786
     Chicago, Illinois 60690-2786

RAM Sale Number: 195
RAM Accounting Date: 09/06/2005

Serial Number: 78706331
Internet Transmission Date: Fri Sep 02 16:02:47 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005090216024739439
0-78706331-200ee56e6f65734f3e75ef274a2ed
e4a74-DA-195-20050902160013346930