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: 78902963
Filing Date: 06/07/2006

To the Commissioner for Trademarks:

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

The literal element of the mark consists of OTC.

The mark consists of A circle including a stylized presentation of the letters "OTC".

The applicant, Oliva Tobacco Company, a corporation of Florida, residing at 3104 N Armenia Ave, Tampa, Florida, United States, 33607-1634, 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 035: Wholesale distributorship featuring leaf tobaccos.

In International Class 035, the mark was first used at least as early as 00/00/1960, and first used in commerce at least as early as 00/00/1960, 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) A photograph showing the mark placed on a shipping container for the leaf tobacco distributed by Applicant..

      Specimen - 1

The applicant hereby appoints David W. Pettis, Jr. of David W. Pettis, Jr., P.A., 1210 Millennium Parkway, Suite 2010, Brandon, Florida, United States, 33511-0833 to submit this application on behalf of the applicant. The attorney docket/reference number is P-3726-020.

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 Name: John E. Oliva
Signatory's Position: President

Signatory's Signature: Signature

Mailing Address:
     David W. Pettis, Jr.
     1210 Millennium Parkway, Suite 2010
     Brandon, Florida 33511-0833

RAM Sale Number: 332
RAM Accounting Date: 06/08/2006

Serial Number: 78902963
Internet Transmission Date: Wed Jun 07 15:55:26 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20060607155526170498
-78902963-200527ea521b075da373bc251c480b
eedfd-CC-332-20060607155157783399