Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90354742

Filing Date: 12/02/2020

To the Commissioner for Trademarks:

MARK: BERRY (stylized and/or with design, see mark)
The literal element of the mark consists of BERRY. The applicant is not claiming color as a feature of the mark. The mark consists of a silhouette of a berry with a half-circle on the bottom portion of the silhouette resembling a smile. The term, "Berry," is shown underneath the silhouette.
The applicant, BENDING SPOONS S.p.A., a società per azioni (spa) legally organized under the laws of Italy, having an address of
      Corso Como, 15
      Milano 20154
      Italy
      XXXX

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 009:  Downloadable computer software applications including for educational purposes in the field of nutrition, diet, food science, food, gastronomical and culinary arts, physical and psychological health and wellbeing; Online or downloadable diaries and reports in the field of nutrition, diet, food science, food, gastronomical and culinary arts, physical and psychological health and wellbeing

In International Class 009, 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 07/29/2020, and first used in commerce at least as early as 07/29/2020, 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/services, consisting of a(n) screenshot from software displaying the mark.

Original PDF file:
SPE0-24175316-20201202141 746949329_._BERRY_-_Class _9.pdf
Converted PDF file(s) (1 page)
Specimen File1

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 018299639, filed 08/31/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Bradley J. Zentz. Other appointed attorneys are E. Russell Tarleton, Kevin S. Costanza, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Brigid C. Mahoney, and Thomas A. Shewmake. Bradley J. Zentz of Seed IP Law Group LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 5400
      701 Fifth Avenue
      Seattle, Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.docketing@SeedIP.com
The docket/reference number is 140224.20018.
Bradley J. Zentz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant hereby appoints Bradley J. Zentz of Seed IP Law Group LLP
      701 Fifth Avenue
      Suite 5400
      Seattle Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.docketing@SeedIP.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Bradley J. Zentz

PRIMARY EMAIL FOR CORRESPONDENCE: USTM.docketing@SeedIP.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Bradley Zentz/   Date: 12/02/2020
Signatory's Name: Zentz, Bradley J.
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Payment Sale Number: 90354742
Payment Accounting Date: 12/02/2020

Serial Number: 90354742
Internet Transmission Date: Wed Dec 02 16:40:17 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202012021640170929
73-90354742-750faaed5e7762d76da5e2f4ae71
27c875c8ff12e43cf593c262dabd980d7a0a5-CC
-40158928-20201202141746949329