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: 78918008
Filing Date: 06/27/2006

To the Commissioner for Trademarks:

MARK: EARTH'S BEST ORGANIC (stylized and/or with design, see mark)

The literal element of the mark consists of EARTH'S BEST ORGANIC.

The applicant, The Hain Celestial Group, Inc., a corporation of Delaware, residing at Suite 250, 58 South Service Road, Melville, New York, United States, 11747, 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 003: Sun block, skin lotion, skin cream, shampoo, hair detangler, body wash, baby oil, diaper relief ointment.

In International Class 003, the mark was first used at least as early as 01/06/2005, and first used in commerce at least as early as 01/06/2005, 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) Digital picture of product container.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 2884535, 2884536, 2289989, and others.

The applicant hereby appoints Robert W. Smith and William J. Heller and Michael R. Friscia of McCarter & English, LLP, 4 Gateway Center, 100 Mulberry Street, Newark, New Jersey, United States, 07101 to submit this application on behalf of the applicant. The attorney docket/reference number is 101045/00001.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: rsmith@mccarter.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: /Ira J. Lamel/   Date: 06/27/2006
Signatory's Name: Ira J. Lamel
Signatory's Position: Executive Vice President & Chief Financial Officer


Mailing Address:
     Robert W. Smith
     4 Gateway Center
     100 Mulberry Street
     Newark, New Jersey 07101

RAM Sale Number: 412
RAM Accounting Date: 06/28/2006

Serial Number: 78918008
Internet Transmission Date: Tue Jun 27 16:11:01 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2006062716110185380
2-78918008-20017898f741215f7c83faaa79831
3a-DA-412-20060627154423309188