Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85070404

Filing Date: 06/24/2010

To the Commissioner for Trademarks:

MARK: ORVILLE REDENBACHER'S (stylized and/or with design, see mark)

The literal element of the mark consists of ORVILLE REDENBACHER'S.
The color(s) red, orange, white, gold, brown, tan and black is/are claimed as a feature of the mark. The mark consists of an oval with the image of a man wearing glasses and a bowtie placed above the words "ORVILLE REDENBACHER'S". The color red appears as shading inside of the oval and in the bowtie; the color orange appears in the outline of the oval and the half ovals at the top and bottom of the oval; the color white appears in a splash in the upper right side of the oval, in the wording "ORVILLE REDENBACHER'S" and in the hair, shirt, and teeth of the man; the color gold outlines the white wording "ORVILLE REDENBACHER'S"; the color brown appears in the man's jacket; the color tan appears in the man's face; and the color black appears in the man's glasses.
The applicant, ConAgra Foods RDM, Inc., a corporation of Delaware, having an address of
      One ConAgra Drive
      Omaha, Nebraska 68102
      United States
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, for the following:

       International Class 030:  snack mix consisting primarily of popcorn, pretzels and/or nuts

In International Class 030, the mark was first used at least as early as 07/27/2009, and first used in commerce at least as early as 07/27/2009, and is now in use in such commerce. The applicant is submitting one specimen(s) 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) photograph of the product package displaying the mark in use.

Original PDF file:
spec-12105150194-120456892_._ORVILLE_REDENBACHER_-_COIN_LOGO_-_SOU_SPECIMENS.10.14.09.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant claims ownership of U.S. Registration Number(s) 1423108, 1060047, 2746537, and others.

The applicant's current Attorney Information:
Christopher M. Bikus of Husch Blackwell Sanders LLP

      Suite 2100
      1620 Dodge Street
      Omaha, Nebraska 68102
      United States

The applicant's current Correspondence Information:

Christopher M. Bikus

Husch Blackwell Sanders LLP

Suite 2100       1620 Dodge Street

Omaha, Nebraska 68102

402-964-5144(phone)

402-964-5050(fax)

pto-om@huschblackwell.com (authorized)

A fee payment in the amount of $325 has been 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: /Tracey Phillips Beck/   Date Signed: 06/24/2010
Signatory's Name: Tracey Phillips Beck
Signatory's Position: Vice President



RAM Sale Number: 7886
RAM Accounting Date: 06/24/2010

Serial Number: 85070404
Internet Transmission Date: Thu Jun 24 10:32:48 EDT 2010
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201006241032480
01745-85070404-4601d878e842ecdc171410ec8
551d2724c-DA-7886-20100618120456892605