Serial Number: 78825671

Reg Number: 3336887

Word Mark: TEA WITH A KICK

Goods and Services: IC 030. US 046. G & S: [ Teas; herbal teas; green teas; black teas; tea-based beverages; tea based beverages with herbs; ready-to-drink tea beverages; tea beverage mixes; tea based shakes; tea-based sorbet; tea based chewing gum; tea based candy; tea based beverages with fruit flavoring; iced tea; iced tea mixes; shakes; sorbet; tea-based snacks and food items, namely, cookies, muffins, biscuits, pastries, breads, candy bars, candy and confectionary ices, chocolate, ice cream and frozen confections; non-medicated lozenges; effervescent green tea lozenges; coffee based beverages containing milk; chicory based coffee substitute; functional foods, namely, breakfast cereals, granola based snack bars, cereal based snack bars, bread, processed cereals, biscuits and cakes; noodles and pasta; chocolate covered nuts; candy and gum, namely, chewing gum; ice cream, frozen yogurt and ice cream substitute; functional beverages, namely, grain based food beverages containing oats or oat extracts ] * Teas; herbal teas; green teas; black teas; tea-based beverages; tea based beverages with herbs; ready-to-drink tea beverages; tea beverage mixes; tea based beverages with fruit flavoring; iced tea; iced tea mixes; non-medicated lozenges; and effervescent green tea lozenges *. FIRST USE: 20060126. FIRST USE IN COMMERCE: 20060710

Mark Drawing Code: (4) STANDARD CHARACTER MARK

Filing Date: 02/28/2006

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Xel Herbaceuticals, Inc. CORPORATION DELAWARE 675 Arapeen Drive Salt Lake City UTAH 84108

Attorney of Record: Peter M. de Jonge

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TEA" APART FROM THE MARK AS SHOWN

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

SiteNo: 60363