Preliminary Amendment

PETUNIA BLANKET

John Bodger & Sons Company

Preliminary Amendment

PTO Form 1966 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Preliminary Amendment


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78813689
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 031
DESCRIPTION LIVE FLOWERS, NAMELY, PETUNIAS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/01/2005
        FIRST USE IN COMMERCE DATE At least as early as 07/01/2005
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 031
DESCRIPTION LIVE FLOWERS, NAMELY, PETUNIAS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/01/2003
        FIRST USE IN COMMERCE DATE At least as early as 07/01/2003
SIGNATURE SECTION
SIGNATURE /jkr/
SIGNATORY NAME Jessie K. Reider
SIGNATORY POSITION Attorney for Applicant
DATE SIGNED 02/22/2006
SIGNATURE /jkr/
SIGNATORY NAME Jessie K. Reider
SIGNATORY POSITION Attorney for Applicant
DATE SIGNED 02/22/2006
FILING INFORMATION SECTION
SUBMIT DATE Wed Feb 22 19:35:17 EST 2006
TEAS STAMP USPTO/PA-XXXXXXX-20060222
193517679037-78813689-200
13ba7ee6dc998894192daa33f
8f67-N-N-2006022219342600
5171



PTO Form 1966 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Preliminary Amendment


To the Commissioner for Trademarks:

Application serial no. 78813689 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 031 for LIVE FLOWERS, NAMELY, PETUNIAS
Original Filing Basis: 1(a).
Proposed: Class 031 for LIVE FLOWERS, NAMELY, PETUNIAS
Section 1(a), Use in Commerce: Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/2003 and first used in commerce at least as early as 07/01/2003, and is now in use in such commerce.
        
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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 as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, and that such willful false statements 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. §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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
        
Signature: /jkr/      Date: 02/22/2006
Signatory's Name: Jessie K. Reider
Signatory's Position: Attorney for Applicant
        
Preliminary Amendment Signature
        
Signature: /jkr/     Date Signed: 02/22/2006
Signatory's Name: Jessie K. Reider
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 78813689
Internet Transmission Date: Wed Feb 22 19:35:17 EST 2006
TEAS Stamp: USPTO/PA-XXXXXXX-20060222193517679037-78
813689-20013ba7ee6dc998894192daa33f8f67-
N-N-20060222193426005171




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