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: 78790129
Filing Date: 01/12/2006

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 ONE EARTH.

The applicant, Sun-land Garden Products, Inc., a corporation of California, residing at 90 Pioneer Road, Watsonville, California, United States, 95076, 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 001: soil conditioner for agricultural, horticultural and domestic use

In International Class 001, the mark was first used at least as early as 12/14/1998, and first used in commerce at least as early as 12/16/1998, 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) digitally photographed bag.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 2314268.

The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

The applicant hereby appoints Mark E. Myers, Esq. of Grunsky, Ebey, Farrar & Howell, 240 Westgate Drive, Watsonville, California, United States, 95076 to submit this application on behalf of the applicant.

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: /brian minasian/   Date: 01/12/2006
Signatory's Name: Brian Minasian
Signatory's Position: President


Mailing Address:
     Mark E. Myers, Esq.
     240 Westgate Drive
     Watsonville, California 95076

RAM Sale Number: 1102
RAM Accounting Date: 01/12/2006

Serial Number: 78790129
Internet Transmission Date: Thu Jan 12 11:26:34 EST 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20060112112634291303
-78790129-2001ebdba81c026d1b59c17dc2a489
fedb-CC-1102-20060112112329042535