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: 78972417
Filing Date: 09/12/2006

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 WATERSENSE.

The applicant, D'Angelo Brands Ltd., a corporation of Canada, residing at 4544 Eastgate Parkway, Mississauga, Ontario, Canada, L4W 3W6, 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.

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of Canada registration number TMA669,471, registered 08/09/2006 with a renewal date of __________ and an expiration date of 08/09/2021, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

      International Class 032: non-alcoholic beverages, namely fruit drinks, fruit juices, sports drinks, protein based drinks and soft drinks

      Foreign Registration - 1
      Foreign Registration - 2


The applicant hereby appoints Ronald E. Shapiro of Miles & Stockbridge P.C., Suite 500, 1751 Pinnacle Drive, McLean, Virginia, United States, 22102-3833 to submit this application on behalf of the applicant. The attorney docket/reference number is XTM-10150.

The applicant hereby appoints Ronald E. Shapiro of  Miles & Stockbridge P.C., Suite 500, 1751 Pinnacle Drive, McLean, Virginia, United States (USX) 22102-3833 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: ipdocketing@milesstockbridge.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:
Signatory's Name: Frank D'Angelo
Signatory's Position: Chairman

Signatory's Signature: Signature

Mailing Address:
     Ronald E. Shapiro
     Suite 500
     1751 Pinnacle Drive
     McLean, Virginia 22102-3833

RAM Sale Number: 102
RAM Accounting Date: 09/13/2006

Serial Number: 78972417
Internet Transmission Date: Tue Sep 12 15:09:50 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2006091215095086417
6-78972417-20095c31a81b8441f3d99a469af5b
364459-DA-102-20060912150736297973