1
EXHIBIT I
SERVICE XXXX LICENSE AGREEMENT
This agreement (the "License Agreement") is entered into by and between
Pasta Acquisition Co. ("Licensor") a Texas corporation, and Xxxxxx X.
Xxxxxxxxxx, a Texas citizen and resident ("Licensee"), as of September 14,
1995.
WHEREAS, Licensor is a wholly owned subsidiary of Watermarc Food
Management Co., and
WHEREAS, Licensor is acquiring by merger The Original Pasta Co.,
("TOPC"), a Texas corporation, thus acquiring the rights in and to the
patents, trademarks, trade names, assumed names and copyrights; and
WHEREAS, TOPC has applied to the United States Patent. and Trademark
Office for the issuance of service xxxx and trademark on The Original Pasta Co.
logos, signage and likeness thereof, collectively referred to as the "Service
Xxxx". As of the effective date of said merger, Licensor will have the
exclusive right, except for the rights granted under the Non-Exclusive
Trademark License Agreement, attached hereto as Exhibit "A", to use the Service
Xxxx and to issue licenses and sublicenses for the use of the Service Xxxx.
Attached hereto as Exhibit "B" is a true and correct copy of the documents
evidencing TOPC's application for and rights in and to the Service Xxxx. The
term Service Xxxx as used herein includes the name, logo, signage and likeness
of the Service Xxxx as reflected in the applications and
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the tradedress, goodwill and style of doing business, including, menus,
recipes, tradesecrets and know-how associated with the ownership and operation
of the restaurants under the name and style of the existing Original Pasta
Company restaurants, as the same may be amended or changed in the future;
WHEREAS, Licensee desires to obtain a license from Licensor to use the
Service Xxxx in connection with its restaurant business;
WHEREAS, Licensor and Licensee are parties to that certain Agreement and
Plan of Merger by and among Watermarc Food Management Co. ("WAMA"), TOPC,
Licensee, and Licensor (the "Merger Agreement"); and
WHEREAS, Licensor is willing to grant a license to Licensee, but only
upon and after the occurrence of certain events of default as described in the
Notes or the Security Documents (as defined in and attached to the Agreement
and Plan of Merger).
NOW, THEREFORE, in consideration of the covenants and promises of the
parties hereto, the parties hereto agree as follows:
1. This License Agreement and the rights of Licensee hereunder
commence only upon the occurrence and continuation of an event of default
pursuant to the terms of the Notes or the Security Documents as those documents
are defined and described in the Merger Agreement, after any opportunity to
cure such defaults provided for in the Notes or Security Documents has expired.
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2. Subject to paragraph 1 above, Licensor hereby grants to Licensee
for a period of twenty-five (25) years, the non-exclusive right to use the
Service Xxxx in connection with the operation, ownership, advertising,
promotion and development of Licensee's restaurant business as now or hereafter
conducted, but in no event shall Licensee use such Service Xxxx in connection
with a restaurant which is within five (5) miles of a then existing operating
restaurant owned and/or operated and/or licensed and/or franchised by Licensor
which uses the Service Xxxx. The Service Xxxx shall not be used in any illegal
manner or contrary to any laws regarding unfair competition or in any manner
which would impair the Service Mark's validity or in violation of any
reasonable rules promulgated by Licensor for use by all of its licensees or
franchisees. Licensor shall not grant any license to any person or entity to
use the Service Xxxx which would limit licensees ability to use the Service
Xxxx except as to the five (5) mile restriction above.
3. Licensee hereby waives and assigns to Licensor any ownership
right, title or interest, if any, which Licensee has or may acquire in and to
the Service Xxxx as a result of its use by Licensee, together with the goodwill
of the Service Xxxx and of the business with which the Service Xxxx is or may
be used unless express provision to the contrary is otherwise made herein.
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4. Licensee shall pay to Licensor the sum of one dollar per month as
consideration for the use of the Service Xxxx after such use commences. Upon
full payment of the Notes due to Licensee by Licensor, this License Agreement
shall automatically terminate any and all right, title, and interest of
Licensee in and to the Service Xxxx shall automatically, and without need of
action on the part of either party, revert to Licensor, except as to any
restaurants opened by Licensee or for which Licensee has incurred costs. As to
any restaurants opened or for which costs have been incurred, the license
hereunder shall continue and shall not terminate on payment of the Notes.
Licensor and Licensee agree to execute any and all documents, if any,
reasonably required to carry out the foregoing transfer of the Service Xxxx
upon full payment of the Notes owed to Licensee by Licensor.
5. Licensee will not in any way dispute or impugn the validity of
the Service Xxxx, the ownership of the Service Xxxx and the exclusive rights of
Licensor under the Service Xxxx which are licensed hereunder.
6. Licensee shall not use or permit the use of the Service Xxxx in
combination with any other service xxxx, word, symbol, letter or design, or in
its corporate or business name except as authorized in writing by Licensor.
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7. Licensee shall not during the term of this License Agreement, or
thereafter, adopt or use any word, corporate name, trade name or service xxxx
which is or tends to be similar to or likely to be confusing with the Service
Xxxx, or any design, label or advertising material used by Licensor, without
the prior written approval of Licensor.
8. All labels, advertising and other promotional materials in which
the Service Xxxx is to be used by Licensee shall be submitted to Licensor and
approved, in writing, by Licensor prior to such use. Licensor agrees that such
approval shall not be unreasonably withheld or delayed by Licensor.
9. Licensee agrees to notify Licensor, in writing, of any
conflicting use of or any applications or registrations for the Service Xxxx or
any acts of infringement or acts of unfair competition involving the Service
Xxxx, promptly after such matters are brought to its attention, or it has
knowledge thereof.
10. Licensor shall have the right to appoint an agent to establish
quality standards, conduct quality and account audits, and verify on Licensor's
behalf, Licensee's compliance with the terms and conditions of this License
Agreement. Licensor and its agent shall jointly and severally have the right
to inspect any premises upon which the Service Xxxx is used to determine
whether Licensee meets Licensor's quality standards with respect to such use.
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11. Licensee warrants, represents, and covenants that the menu items
to be sold at any restaurant where the Service Xxxx is being or will be used is
wholesome and fit for human consumption and Licensee agrees to defend and hold
Licensor harmless for any claims of injury or damage resulting from or arising
out of the business conducted at such restaurants, including but not limited
to, the consumption of any food and beverage products sold by Licensee on or
about its restaurant premises. Licensee shall maintain a comprehensive general
liability insurance policy and a liquor liability endorsement in amounts and
with a company reasonably satisfactory to Licensor and shall name Licensor as
an additional named insured thereunder. Licensee shall provide Licensor with a
certificate of such insurance and such certificate shall provide that at least
thirty (30) days' notice in writing shall be given to Licensor if such policy
shall be cancelled or not renewed.
12. Licensor shall not be obligated to pursue any proceedings to
prevent infringement of the Service Xxxx or any unfair competition proceedings
or opposition proceedings. Licensor shall have no obligation to defend the
Service Xxxx but may, in its sole discretion, recommend such defense where it
considers such defense to be appropriate. Licensee agrees to cooperate with and
assist Licensor in all such matters. Licensor shall have no obligation or
liability to Licensee in the event any third party asserts a claim of service
xxxx infringement or
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unfair competition against Licensee by reason of its use of the Service Xxxx
which results in the Service Xxxx being invalidated, cancelled or modified,
unless such claim arises out of any act or agreement of Licensor.
13. Licensee shall not have any right to further sublicense the right
to use the Service Xxxx, and Licensee agrees that it will not authorize the
Service Xxxx to be used by any other person, firm, or corporation, without
Licensor's prior written consent; provided, however, Licensee shall have the
right to assign or sublicense its rights hereunder to any corporation,
partnership, limited partnership, limited liability company or other entity in
which Licensee is an owner or affiliate, or in which Licensee retains the right
to control the use of the Service Xxxx.
14. This License Agreement and Licensee's rights to the Service Xxxx
shall [INTENTIONALLY LEFT BLANK] terminate upon the final payment of
indebtedness owed to Licensor by Licensee, except as provided herein. This
License Agreement and Licensee's rights to the Service Xxxx xxx also be
terminated by Licensor upon failure, after sixty (60) days written notice, to
cure any material default by Licensee hereunder. A material default is any
event or action by Licensee that could or would materially affect the title,
validity, quality or goodwill associated with the Service Xxxx. Any dispute
regarding the definition of or substance of a material default shall be
submitted to binding arbitration.
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15. Immediately upon the termination of this License Agreement for
any reason whatsoever, any rights granted by or accruing under this License
Agreement shall revert to Licensor without assignment or other act on the part
of Licensee, unless such act is required by law to re-vest such rights in
Licensor, in which latter event Licensee agrees and undertakes that it will do,
or cause to be done, whatever may be necessary to make such reversion
effective. Also, upon termination of this License Agreement for any reason
whatsoever, Licensee agrees that except as herein otherwise provided, it will
immediately cease and desist from all use of the Service Xxxx.
16. This License Agreement and everything herein contained shall
inure to the benefit of and be binding upon the successors and assigns of the
parties hereto, but shall not be assigned, transferred, conveyed or encumbered
by Licensee, except upon prior written authorization and consent of Licensor,
or as otherwise provided herein.
17. The waiver by either party hereto of any breach by the other
party of any term or condition hereof shall not be deemed a waiver of any
subsequent breach of such term or condition or any other term or condition. No
provision of this License Agreement shall be deemed to have been waived or
modified unless such waiver or modification is evidenced by a written
instrument which is signed by the party hereto against whom such waiver or
modification is sought to be enforced.
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18. This License Agreement contains the entire understanding between
the parties relating to the subject matter hereof and none of the provisions of
this License Agreement or exhibits hereto may be altered, modified, or amended
in any way except by an instrument in writing signed by all of the parties
hereto.
19. Any notice required or desired to be given hereunder shall be in
writing and shall be either personally served, or delivered by United States
mail, certified or registered, postage prepaid, addressed as follows:
If to Licensor: Pasta Acquisition Co.
c/o Watermarc Food Management Co.
00000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attn: Xxxxxx Xxxxxxx, President
Copy to: Xxxxxxx X. Xxxxxx
Xxxxx & Xxxxxx, P.C.
0000 Xxxx Xxx Xxxx., Xxxxx 0000
Xxxxxxx, Xxxxx 00000
If to Licensee: Xxxxxx X. Xxxxxxxxxx
00000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Copy to: Kelly, Sutter, Mount & Xxxxxxxx, P.C.
0000 Xxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attn: Xxxxxx X. Mount
or at such other address as may be designated by notice in writing to the other
party. Any notice hereunder by mail shall be deemed to have been given on the
date the same is received.
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20. This License Agreement is made and entered into in Houston, Xxxxxx
County, Texas and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
have caused this License Agreement to be executed in multiple originals as of
the day here first above written.
Licensor: Licensee:
Pasta Acquisition Co.
By:
-------------------------- --------------------------
Xxxxxx Xxxxxxx, President Xxxxxx X. Xxxxxxxxxx
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NON-COMPETE AND LICENSE AGREEMENT
THIS NON-COMPETE AND LICENSE AGREEMENT (the "Agreement") is made and
entered into to be effective as of the 17th day of September, 1993 by and
between THE ORIGINAL PASTA CO., a Texas corporation ("Company") and XXXXX
XXXXXXX ("Xxxxxxx").
W I T N E S S E T H:
WHEREAS, by Letter Agreement dated of even date herewith (the "Letter
Agreement"), the Company has agreed to purchase certain assets owned by Tomato
One, Inc. and used by such corporation in the operation of a restaurant known
as "The Original Pasta Co.";
WHEREAS, Xxxxxxx is the President and a shareholder of Tomato One, Inc.
and, as such, is a party to the Letter Agreement; and
WHEREAS, in order to induce the Company to enter into the Letter
Agreement, Xxxxxxx agreed to execute this Agreement containing certain
non-compete provisions and, in order to induce Xxxxxxx to agree to convey the
assets of the restaurant described above, the Company agreed to grant the
license according to the provisions described herein.
NOW THEREFORE, for and in consideration of the foregoing premises and
agreements and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. CONSIDERATION. Both parties acknowledge that this Agreement is
being entered into pursuant to the terms of the Letter Agreement and in order
to induce each party hereto to execute the Letter Agreement, that irrevocable
harm and damage will be done to the Company in the event that Xxxxxxx competes
with the Company in the areas described herein.
2. TERMS OF COVENANT NOT TO COMPETE. The provisions of this
Agreement shall be effective from September 17, 1993 and shall continue until
September 17, 1998. During such period of time, Xxxxxxx agrees that he shall
not engage in the activities described below within a five (5) mile radius of
any Italian restaurant owned or operated by the Company.
Xxxxxxx agrees that he shall not engage, directly or indirectly, in the
operation, ownership or management, individually or in any capacity whatsoever,
of any Italian restaurant which would compete with any Italian restaurant owned
by the Company within the geographic area described above.
Xxxxxxx agrees that the time period and geographic area set forth above
are reasonable and acceptable to both parties hereto and are necessary to
protect the Company's legitimate business interests, given Xxxxxxx'x unique
skills and that irrevocable harm and damage will be done to the Company in the
event that Xxxxxxx competes with the Company in the areas described herein. It
is expressly recognized and agreed that the restrained activities set forth
herein restrain Xxxxxxx'x
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5. ENTIRE AGREEMENT. This Agreement and the Letter Agreement set
forth the entire agreement between the parties as to the matters covered herein
and supersedes and replaces any prior understanding, agreement or statements
(written or oral). This Agreement shall not be amended or modified without the
written consent of both parties hereto.
6. GOVERNING LAW. This Agreement shall be governed by and construed
in accordance with the laws of the state of Texas.
IN WITNESS WHEREOF, the undersigned have executed this Agreement to be
effective as of the 17th day of September, 1993.
THE ORIGINAL PASTA CO.
By: /s/ XXXXXX X. XXXXXXXXXX
------------------------------
Xxxxxx X. Xxxxxxxxxx, President
/s/ XXXXX XXXXXXX
---------------------------------
Xxxxx Xxxxxxx
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Page 01 of 01
FILING RECEIPT FOR TRADEMARK APPLICATION
05/10/95
Receipt on the DATE OF FILING of the application for registration and filing
fees is acknowledged for the xxxx identified below. The DATE OF FILING is
contingent upon the collection of any payment made by check or draft. Your
application will be considered in which it was received and you
will be notified as to the examination thereof. Correspondence should be
expected from the Patent and Trademark Offices in approximately 06 months.
When inquiring about this application, include the SERIAL NUMBER, DATE OF
FILING, OWNER NAME AND XXXX.
TMPRE
Xxxx X. Xxxxxxx ATTORNEY
0000 Xxxxx Xxxxx, Xxxxx 000 REFERENCE NUMBER
Xxxxxxx, XX 00000 ORIG001
***************************************************************************
* *
* PLEASE REVIEW THE ACCURACY OF THE FILING RECEIPT DATA. *
* *
* A request for correction of any information on this filing receipt *
* should be submitted within 30 days to the following address. *
* ASSISTANT COMMISSIONER FOR TRADEMARKS, 2900 Crystal Drive, *
* Arlington, Va. 22202-3513. The correspondence should be marked to *
* the attention of the Office of Program Control. The Patent and *
* Trademark Office will review the request and make corrections *
* when appropriate. *
* *
***************************************************************************
SERIAL NUMBER: 74/634115 DATE OF FILING: 02/14/1995
XXXX: THE ORIGINAL PASTA CO.
XXXX TYPE(S): SERVICE XXXX
DRAWING TYPE: WORDS, LETTERS, OR NUMBERS AND DESIGN
SECTION 1(A): YES SECTION 1(B): NO SECTION 44: NO
--------------------------------------------------------------------------------
ATTORNEY: Xxxx X. Xxxxxxx
OWNER NAME: ORIGINAL PASTA CO., INC., THE
OWNER ADDRESS: 00000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx
XXXXX 00000
ENTITY: CORPORATION
CITIZENSHIP/DOMICILE: TEXAS
--------------------------------------------------------------------------------
INTERNATIONAL CLASS DATE OF FIRST USE DATE OF FIRST USE IN COMMERCE
042 04/00/1994 04/00/1994
ONLY THOSE DATES OF USE AND CLASSES FILED UNDER SECTION 1(A) ARE LISTED
--------------------------------------------------------------------------------
GOODS/SERVICES BY INTERNATIONAL CLASS
042--restaurant and beverage services
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED
--------------------------------------------------------------------------------
ADDITIONAL INFORMATION MAY BE PRESENT IN THE PTD RECORDS
14
TRADEMARK MAILROOM Xxxx X. Xxxxxxx
REC'D 0000 Xxxxx Xxxxx
FEB 14 1995 Suite 508
23 Xxxxxxx, XX 00000
XX PATENT & TRADEMARK OFFICE
Identification of Paper or fee:
Check N: 472; $1570.00
-------------------------------
TM APPLICATIONS ENCLOSED & LISTED BELOW:
-------------------------------------------
(Nature of Document, I.D. Number, PTO Date)
TM THE ORIGINAL PASTA CO. & design/Class 042 - $245 74634115
TM THE ORIGINAL PASTA CO. & design/Class 030 - $245 74634112
TM MARCO'S MEXICAN RESTAURANT & design/Class 042 - $245 74634111
TM TOTALLY BUENO! & design/Class 042 - $245 74634113
TM TOTALLY BUENO! & design/Class 030 - $245 74634114
TM AMENDMENT OF REGISTRATION N:1631944 - $100
TM WATERMARC/Class 035 - $245 74634116
15
[ATTACHED CHECK]
Identification of Paper or fee:
Check N: 472; $1570.00
-------------------------------
TM APPLICATIONS LISTED BELOW:
-------------------------------------------
(Nature of Document, I.D. Number, PTO Date)
TM THE ORIGINAL PASTA CO. & design/Class 042 - $245
TM THE ORIGINAL PASTA CO. & design/Class 030 - $245
TM MARCO'S MEXICAN RESTAURANT & design/Class 042 - $245
TM TOTALLY BUENO! & design/Class 042 - $245
TM TOTALLY BUENO! & design/Class 030 - $245
TM AMENDMENT OF REGISTRATION N:1631944 - $100
TM WATERMARC/Class 035 - $245
16
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
XXXX: THE ORIGINAL PASTA CO. ) TRADEMARK/SERVICE XXXX APPLICATION,
& design ) PRINCIPAL REGISTER WITH DECLARATION
)
)
INTERNATIONAL CLASS NO.: 042 )
) Attorney Docket No. ORIG001
TO THE ASSISTANT SECRETARY AND COMMISSIONER OF PATENTS AND TRADEMARKS:
Applicant Name: THE ORIGINAL PASTA CO., INC.
Applicant Business Address: 00000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Applicant Entity: Corporation-State of Incorporation:
Texas
Goods and/or Services:
================================================================================
Applicant requests registration of the above-identified trademark/
service xxxx shown in the accompanying drawing in the United
States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. 1051 et.seq., as
amended) for the following goods/services.
restaurant and beverage services
================================================================================
BASIS FOR APPLICATION:
Applicant has adopted and is using the xxxx shown in the accompanying
drawing in commerce on or in connection with the above-identified goods/
services (15 U.S.C. 1051(a), as amended.) Three specimens showing the xxxx as
used in commerce are submitted with this application.
Date of first use of the xxxx anywhere: at least as early as April 1994
Date of first use of the xxxx in commerce at least as early as
which the U.S. Congress may regulate: April 1994.
Type of Commerce: Interstate
Manner or mode of use of xxxx on or in connection with the goods/services:
The xxxx is used in advertising and used other ways
customary in the industry.
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DECLARATION
The undersigned being hereby warned that willful false
statements and the like are punishable by fine or imprisonment, or both (18
U.S.C. 1001) and may jeopardize the validity of the application or document or
any registration resulting therefrom, declares that declarant is properly
authorized to execute this application on behalf of the applicant; that the
applicant is believed to be the owner of the xxxx sought to be registered; that
the xxxx is in use in interstate commerce; that no other entity, to the best of
declarant's knowledge and belief, has the right to use such xxxx in commerce,
either in the identical form or in such near resemblance as to be likely, when
applied to the goods or services of such other entity, to cause confusion, or
to cause mistake, or to deceive; that the specimens or facsimiles show the xxxx
as used on or in connection with the goods or services; that the facts set
forth in the application are true; and that all statements made of declarant's
own knowledge are true and that all statements made on information and belief
are believed to be true.
THE ORIGINAL PASTA CO., INC.
By: /s/ XXXXXX XXXXXXXXXX
----------------------------------------------------
Xxxxxx Xxxxxxxxxx, President and Chief Executive
Officer
Date: /s/ Feb 9 '95
--------------------------------------------------
Xxxx X. Xxxxxxx
0000 Xxxxx Xxxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
(000) 000-0000
ATTORNEY FOR APPLICANT
2
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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
IN RE APPLICATION OF: ) INTERNATIONAL CLASS NO.: 042
THE ORIGINAL PASTA CO., INC. )
)
SERIAL NO.: )
)
FILED: )
)
XXXX: THE ORIGINAL PASTA CO. )
& design )
) Attorney Docket No.: ORIG001
POWER OF ATTORNEY
-----------------
Commissioner of Patents and Trademarks:
Xxxxxxxxxx, X.X. 00000
Sir:
The Original Pasta Co., Inc., owner of record of all right, title and
interest in and to the above-identified trademark and trademark application,
does hereby appoint Xxxx X. Xxxxxxx, Registration No. 33,747 as my attorney in
the above-identified trademark application, with full power to prosecute the
application and transact all business in the Patent and Trademark Office in
connection therewith.
Please address all further communications as follows:
Xxxx X. Xxxxxxx
0000 Xxxxx Xxxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
(000) 000-0000
THE ORIGINAL PASTA CO., INC.
By: XXXXXX XXXXXXXXXX
--------------------------------------------------
Xxxxxx Xxxxxxxxxx, President and Chief
Executive Officer
Date: Feb 9 95
------------------------------------------------
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APPLICANT: THE ORIGINAL PASTA CO., INC.
P.O. ADDRESS: 00000 Xxxxxxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000
DATE OF FIRST USE: At least as early as April 1994.
DATE OF FIRST USE IN COMMERCE: at least as early as April 1994.
GOODS/SERVICES: restaurant and beverage services.
THE ORIGINAL
PASTA CO.
Attorney Docket No.: XXXX000
Xxxxxxxx: XXXX X. XXXXXXX
0000 Xxxxx Xxxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
(000) 000-0000
4
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Page 01 of 01
FILING RECEIPT FOR TRADEMARK APPLICATION
05/10/95
Receipt on the DATE OF FILING of the application for registration and filing
fees is acknowledged for the xxxx identified below. The DATE OF FILING is
contingent upon the collection of any payment made by check or draft. Your
application will be considered in the order in which it was received and you
will be notified as to the examination thereof. Correspondence should be
expected from the Patent and Trademark Offices in approximately 06 months.
When inquiring about this application, include the SERIAL NUMBER, DATE OF
FILING, OWNER NAME AND XXXX.
TMPRE
Xxxx X. Xxxxxxx ATTORNEY
0000 Xxxxx Xxxxx, Xxxxx 000 REFERENCE NUMBER
Xxxxxxx, XX 00000 ORIG002
***************************************************************************
* *
* PLEASE REVIEW THE ACCURACY OF THE FILING RECEIPT DATA. *
* *
* A request for correction of any information on this filing receipt *
* should be submitted within 30 days to the following address. *
* ASSISTANT COMMISSIONER FOR TRADEMARKS. 0000 Xxxxxxx Xxxxx, *
* Arlington, Va. 22202-3513. The correspondence should be marked to *
* the attention of the Office of Program Control. The Patent and *
* Trademark Office will review the request and make corrections *
* when appropriate. *
* *
***************************************************************************
SERIAL NUMBER: 74/634112 DATE OF FILING: 02/14/1995
XXXX: THE ORIGINAL PASTA CO.
XXXX TYPE(S): TRADEMARK
DRAWING TYPE: WORDS, LETTERS, OR NUMBERS AND DESIGN
SECTION 1(A): NO SECTION 1(B): YES SECTION 44: NO
--------------------------------------------------------------------------------
ATTORNEY: Xxxx X. Xxxxxxx
OWNER NAME: ORIGINAL PASTA CO., INC., THE
OWNER ADDRESS: 00000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx
XXXXX 00000
ENTITY: CORPORATION
CITIZENSHIP/DOMICILE: TEXAS
--------------------------------------------------------------------------------
INTERNATIONAL CLASS DATE OF FIRST USE DATE OF FIRST USE IN COMMERCE
ONLY THOSE DATES OF USE AND CLASSES FILED UNDER SECTION 1(A) ARE LISTED
--------------------------------------------------------------------------------
GOODS/SERVICES BY INTERNATIONAL CLASS
030--food
032--beverage products
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED
--------------------------------------------------------------------------------
ADDITIONAL INFORMATION MAY BE PRESENT IN THE PTD RECORDS
21
[ATTACHED CHECK]
Identification of Paper or fee:
Check N: 472; $1570.00
-------------------------------
TM APPLICATIONS LISTED BELOW:
--------------------------------------------
(Nature of Document. I.D. Number, PTO Date)
TM THE ORIGINAL PASTA CO. & design/Class 042 - $245
TM THE ORIGINAL PASTA CO. & design/Class 030 - $245
TM MARCO'S MEXICAN RESTAURANT & design/Class 042 - $245
TM TOTALLY BUENO! & design/Class 042 - $245
TM TOTALLY BUENO! & design/Class 030 - $245
TM AMENDMENT OF REGISTRATION N:1631944 - $100
TM WATERMARC/Class 035 - $245
22
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
XXXX: THE ORIGINAL PASTA CO. ) TRADEMARK/SERVICE XXXX APPLICATION,
& design ) PRINCIPAL REGISTER WITH DECLARATION
)
)
INTERNATIONAL CLASS NO.: 030 )
) Attorney Docket No. ORIG002
TO THE ASSISTANT SECRETARY AND COMMISSIONER OF PATENTS AND TRADEMARKS:
Applicant's Name: THE ORIGINAL PASTA CO., INC.
Applicant's Business Address: 00000 Xxxxxxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Applicant Entity: Corporation-State of Incorporation: Texas
Goods and/or Services:
================================================================================
Applicant requests registration of the trademark/service xxxx
shown in the accompanying drawing in the United States Patent
and Trademark Office on the Principal Register established by
the Act of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended)
for the following goods/services.
food and beverage products
================================================================================
BASIS FOR APPLICATION:
Applicant has a bona fide intention to use the xxxx shown in the
accompanying drawing in commerce on or in connection with the above-identified
goods/services. (15 U.S.C. 1051(b), as amended.)
Intended manner or mode of use of xxxx on or in connection with the goods/
services:
applied to commercial packaging and to be used other ways customary in
the industry.
1
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DECLARATION
The undersigned being hereby warned that willful false
statements and the like are punishable by fine or imprisonment, or both (18
U.S.C. 1001) and may jeopardize the validity of the application or document or
any registration resulting therefrom, declares that declarant is properly
authorized to execute this application on behalf of the applicant; that the
applicant is believed to be the owner of the xxxx sought to be registered; or,
if the application is being filed under 15 U.S.C. 1051(b), that the applicant
is believed to be entitled to use such xxxx in commerce; that the applicant has
a bona fide intention to use the xxxx in commerce on or in connection with the
specified goods or services; that no other entity, to the best of declarant's
knowledge and belief, has the right to use such xxxx in commerce, either in
the identical form or in such near resemblance as to be likely, when applied
to the goods or services of such other entity, to cause confusion, or to cause
mistake, or to deceive; that the facts set forth in the application are true;
and that all statements made of declarant's own knowledge are true and that
all statements made on information and belief are believed to be true.
THE ORIGINAL PASTA CO., INC.
By: /s/ XXXXXX XXXXXXXXXX
----------------------------------------------------
Xxxxxx Xxxxxxxxxx, President and Chief
Executive Officer
Date: /s/ Feb 9 '95
--------------------------------------------------
Xxxx X. Xxxxxxx
0000 Xxxxx Xxxxx, # 000
Xxxxxxx, Xxxxx 00000
(000) 000-0000
ATTORNEY FOR APPLICANT
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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
IN RE APPLICATION OF: ) INTERNATIONAL CLASS NO.: 030
THE ORIGINAL PASTA CO., INC. )
)
SERIAL NO.: )
)
FILED: )
)
XXXX: THE ORIGINAL PASTA CO. )
& design )
) Attorney Docket No.: ORIG002
POWER OF ATTORNEY
-----------------
Commissioner of Patents and Trademarks:
Xxxxxxxxxx, X.X. 00000
Sir:
The Original Pasta Co., Inc., owner of record of all right, title and
interest in and to the above-identified trademark and trademark application,
does hereby appoint Xxxx X. Xxxxxxx, Registration No. 33,747 as my attorney in
the above-identified trademark application, with full power to prosecute the
application and transact all business in the Patent and Trademark Office in
connection therewith.
Please address all further communications as follows:
Xxxx X. Xxxxxxx
0000 Xxxxx Xxxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
(000) 000-0000
THE ORIGINAL PASTA CO., INC.
Date: Feb 9 95 By: XXXXXX XXXXXXXXXX
-------- ---------------------------------------------
Xxxxxx Xxxxxxxxxx, President and Chief
Executive Officer
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25
APPLICANT: THE ORIGINAL PASTA CO., INC.
P.O. ADDRESS: 00000 Xxxxxxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000
GOODS/SERVICES: food and beverage products
THE ORIGINAL
PASTA CO.
ATTORNEY DOCKET NO.: XXXX000
XXXXXXXX: XXXX X. XXXXXXX
0000 Xxxxx Xxxxx, #000
Xxxxxxx, Xxxxx 00000
(000) 000-0000
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