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: 78813740
Filing Date: 02/13/2006

To the Commissioner for Trademarks:

MARK: AGASTACHE ACAPULCO (stylized and/or with design, see mark)

The literal element of the mark consists of AGASTACHE ACAPULCO.

The mark consists of a swirl with a graphic depiction of a flower followed by the stylized words AGASTACHE ACAPULCO.

The applicant, John Bodger & Sons Company, a corporation of California, residing at 1800 North Tyler Avenue, South El Monte, California, United States, 91733, 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 031: LIVE PLANTS, NAMELY, AGASTACHE

In International Class 031, 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. 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.

The applicant hereby appoints Gary M Anderson, Registration No. 30,729 and Vern Schooley, Registration No. 24,649; Gary M. Anderson, Registration No. 30,729; Gunther Hanke, Registration No. 32,989; Michael J. Moffatt, Registration No. 39,304; Jessie K. Reider, California Bar No. 273,113; Alexis Saenz, Registration No. 54,570; and each member of the firm of Fulwider Patton LLP,, 200 Oceangate, Suite 1550, Long Beach, California, United States, 90802 to submit this application on behalf of the applicant. The attorney docket/reference number is BODGE.72141.

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:

Signatory's Signature: Signature

Mailing Address:
     Gary M Anderson, Registration No. 30,729
     200 Oceangate, Suite 1550
     Long Beach, California 90802

RAM Sale Number: 580
RAM Accounting Date: 02/14/2006

Serial Number: 78813740
Internet Transmission Date: Mon Feb 13 18:35:03 EST 2006
TEAS Stamp: USPTO/BAS-XXXXXXX-20060213183503892851-7
8813740-2007b5b151563ac2e362d37eeafded5f
34-DA-580-20060213183359867881