Preliminary Amendment

DISNEY

Disney Enterprises, Inc.

Preliminary Amendment

PTO Form 1966 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/30/2011)

Preliminary Amendment


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85325239
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 031
DESCRIPTION
Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetables
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/31/2011
        FIRST USE IN COMMERCE DATE At least as early as 01/31/2011
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 031
TRACKED TEXT DESCRIPTION
Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetables
FINAL DESCRIPTION Raw fruits; fresh fruits; unprocessed fruits;
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/31/2011
       FIRST USE IN COMMERCE DATE At least as early as 01/31/2011
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The goods "raw vegetables; fresh vegetables; unprocessed vegetables" are retained in the application but the filing basis with respect to these goods is changed to intent to use (Section 1b).
SIGNATURE SECTION
RESPONSE SIGNATURE /Steve.Plotkin5153ICC/
SIGNATORY'S NAME Steven Plotkin
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 06/02/2011
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 02 14:41:56 EDT 2011
TEAS STAMP USPTO/PRA-XXX.XXX.XXX.X-2
0110602144156651391-85325
239-48082554d999328d9d847
a649fdef4b9f7-N/A-N/A-201
10602141417585629



PTO Form 1966 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/30/2011)

Preliminary Amendment


To the Commissioner for Trademarks:

Application serial no. 85325239 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetables
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2011 and first used in commerce at least as early as 01/31/2011, and is now in use in such commerce.

Proposed:
Tracked Text Description: Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetablesClass 031 for Raw fruits; fresh fruits; unprocessed fruits;
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2011 and first used in commerce at least as early as 01/31/2011, and is now in use in such commerce.
ADDITIONAL STATEMENTS
The goods "raw vegetables; fresh vegetables; unprocessed vegetables" are retained in the application but the filing basis with respect to these goods is changed to intent to use (Section 1b).

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Steve.Plotkin5153ICC/     Date: 06/02/2011
Signatory's Name: Steven Plotkin
Signatory's Position: Attorney of record, California bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85325239
Internet Transmission Date: Thu Jun 02 14:41:56 EDT 2011
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.X-2011060214415665
1391-85325239-48082554d999328d9d847a649f
def4b9f7-N/A-N/A-20110602141417585629



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