Application

PTO Form 1478 (Rev 9/2006)

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

---

PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 85937910

Filing Date: 05/21/2013

To the Commissioner for Trademarks:

MARK: ASCENT (Standard Characters, see mark)
The literal element of the mark consists of ASCENT.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Leprino Foods Company, a corporation of Colorado, having an address of
      1830 West 38th Avenue
      Denver, Colorado 80211
      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 029:  Dairy based products, namely whey protein, whey protein concentrate, whey protein isolate, casein, or casein and whey blends used as an ingredient in producing food products
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).


The applicant's current Attorney Information:
      Eugene J Bernard and Stephen F. Jewett of Kilpatrick Townsend & Stockton LLP
      1400 Wewatta Street, Suite 600
      Denver, Colorado 80202
      United States
The attorney docket/reference number is 88835-870387.

The applicant's current Correspondence Information:

Eugene J Bernard

Kilpatrick Townsend & Stockton LLP

1400 Wewatta Street, Suite 600

Denver, Colorado 80202

303.571.4000(phone)

303.571.4321(fax)

denverteas@kilpatricktownsend.com;dackerman@kilpatricktownsend.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: Not Provided    Date: Not Provided
Signatory's Name: Richard Q. Russeth
Signatory's Position: VP, General Counsel
RAM Sale Number: 85937910
RAM Accounting Date: 05/21/2013

Serial Number: 85937910
Internet Transmission Date: Tue May 21 11:15:57 EDT 2013
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201305211115575
17251-85937910-5005aa7093c26f5fdd3ef2fac
88145a3c7ff535d2e08848015925980a1347726-
CC-9817-20130521111330989905