Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85791079

Filing Date: 11/29/2012

To the Commissioner for Trademarks:

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

The literal element of the mark consists of MALIBU.
The color(s) purple, yellow, green, and white is/are claimed as a feature of the mark. The mark consists of an oval with purple at the bottom of the oval, a yellow band above the purple, a beach scene featuring green trees and yellow bushes above the yellow band, a yellow sky with a white sun and white clouds, the word "Malibu" written in yellow letters that are outlined in purple above a pineapple that is yellow and outlined in purple and with green leaves, and a half pineapple that is yellow and outlined in purple, and with a purple ribbon across the pineapples.
The applicant, Tabafresh SA de CV, a sociedad anonima (sa de cv)) legally organized under the laws of Mexico, having an address of
      General Marcelino Inurreta de la Fuente,
      Carr. Estacion Chontalpa a Zanapa Km 2.5
      Huimanguillo, Tabasco 86400
      Mexico


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 031:  fresh pineapples

In International Class 031, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/28/2010, and first used in commerce at least as early as 03/28/2010, and is now in use in such commerce. The applicant is submitting one(or more) 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) product packaging.
Specimen File1



The applicant's current Attorney Information:
      Andrew Roppel and Scott S. Havlick; Wendy J. Pifher; Matthew D. Abell; Andrea L. Anderson, Ester Martín Maillaro; Larry H. Tronco; Jessie A. Neville; Anna Miller; Nadya Bosch; Matt Horlacher; Amanda L. Swaim; Janet Shih Hajek; Kazuyo Morita; Darin L. Brown of Holland & Hart LLP

      Attn. Trademark Docketing
      PO Box 8749
      Denver, Colorado 80201
      United States
The attorney docket/reference number is 81816.0003.

The applicant's current Correspondence Information:

Andrew Roppel

Holland & Hart LLP

Attn. Trademark Docketing       PO Box 8749

Denver, Colorado 80201

303-473-2709(phone)

303-473-2720(fax)

docket@hollandhart.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.

Declaration Signature

Signature: /Andrew Roppel/   Date: 11/29/2012
Signatory's Name: Andrew Roppel
Signatory's Position: Attorney for Applicant, Colorado bar member
RAM Sale Number: 7408
RAM Accounting Date: 11/30/2012

Serial Number: 85791079
Internet Transmission Date: Thu Nov 29 20:09:59 EST 2012
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2012112920095922
0930-85791079-49022b3d8efec38592cfec312e
bc4847f82-CC-7408-20121129200242563305