PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86764657
Filing Date: 09/22/2015

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86764657
MARK INFORMATION
*MARK\\TICRS\EXPORT16\IMAGEOUT 16\867\646\86764657\xml1\ RFA0002.JPG
SPECIAL FORM YES
USPTO-GENERATED IMAGE NO
LITERAL ELEMENTBUTTERFLY BRAND
COLOR MARK NO
*DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of an image of a butterfly with Chinese characters written above it, and the words "BUTTERFLY BRAND" beneath the image, all within a circular design.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT388 x 391
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARKChina Tea Co., Ltd.
INTERNAL ADDRESS10th Fl, No.8 Chao Yang Men South Street
*STREETChaoyang District
*CITYBeijing
*COUNTRYChina
LEGAL ENTITY INFORMATION
TYPElimited company (ltd.)
STATE/COUNTRY WHERE LEGALLY ORGANIZED China
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS030 
*IDENTIFICATIONTea; iced tea; tea-based beverages; flowers or leaves for use as tea substitutes
FILING BASISSECTION 1(a)
       FIRST USE ANYWHERE DATEAt least as early as 10/31/1979
       FIRST USE IN COMMERCE DATEAt least as early as 09/15/2005
       SPECIMEN
       FILE NAME(S)		\\TICRS\EXPORT16\IMAGEOUT 16\867\646\86764657\xml1\ RFA0003.JPG
       SPECIMEN DESCRIPTIONpackaging
ADDITIONAL STATEMENTS SECTION
DISCLAIMERNo claim is made to the exclusive right to use BRAND apart from the mark as shown.
TRANSLATIONThe English translation of the Chinese characters in the mark is butterfly.
ATTORNEY INFORMATION
NAME Keith A. Weltsch
ATTORNEY DOCKET NUMBER 2524/1009
FIRM NAME Scully, Scott, Murphy & Presser, P.C.
INTERNAL ADDRESS Suite 300
STREET 400 Garden City Plaza
CITY Garden City
STATE New York
COUNTRY United States
ZIP/POSTAL CODE 11530
PHONE 516-742-4343
FAX 516-742-4366
EMAIL ADDRESS intprop@ssmp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE INFORMATION
NAME Keith A. Weltsch
FIRM NAMEScully, Scott, Murphy & Presser, P.C.
INTERNAL ADDRESS Suite 300
STREET400 Garden City Plaza
CITYGarden City
STATENew York
COUNTRYUnited States
ZIP/POSTAL CODE11530
PHONE 516-742-4343
FAX 516-742-4366
*EMAIL ADDRESSintprop@ssmp.com;kweltsch@ssmp.com; hmanthey@ssmp.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
APPLICATION FILING OPTIONTEAS RF
NUMBER OF CLASSES1
FEE PER CLASS275
*TOTAL FEE DUE275
*TOTAL FEE PAID275
SIGNATURE INFORMATION
SIGNATURE NOT PROVIDED
SIGNATORY'S NAME NOT PROVIDED
SIGNATORY'S POSITION NOT PROVIDED
DATE SIGNED NOT PROVIDED


PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 02/28/2018)


Trademark/Service Mark Application, Principal Register

Serial Number: 86764657
Filing Date: 09/22/2015

To the Commissioner for Trademarks:

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

The literal element of the mark consists of BUTTERFLY BRAND.
The applicant is not claiming color as a feature of the mark. The mark consists of an image of a butterfly with Chinese characters written above it, and the words "BUTTERFLY BRAND" beneath the image, all within a circular design.
The applicant, China Tea Co., Ltd., a limited company (ltd.) legally organized under the laws of China, having an address of
      10th Fl, No.8 Chao Yang Men South Street,
      Chaoyang District
      Beijing
      China


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 030:  Tea; iced tea; tea-based beverages; flowers or leaves for use as tea substitutes

In International Class 030, 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 10/31/1979, and first used in commerce at least as early as 09/15/2005, 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) packaging.
Specimen File1



Disclaimer
No claim is made to the exclusive right to use BRAND apart from the mark as shown.

Translation
The English translation of the Chinese characters in the mark is butterfly.

The applicant's current Attorney Information:
      Keith A. Weltsch of Scully, Scott, Murphy & Presser, P.C.

      Suite 300
      400 Garden City Plaza
      Garden City, New York 11530
      United States
The attorney docket/reference number is 2524/1009.

The applicant's current Correspondence Information:
      Keith A. Weltsch
      Scully, Scott, Murphy & Presser, P.C.
      Suite 300
      400 Garden City Plaza
      Garden City, New York 11530
      516-742-4343(phone)
      516-742-4366(fax)
      intprop@ssmp.com;kweltsch@ssmp.com; hmanthey@ssmp.com (authorized)
E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

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

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce 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/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that 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. 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 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
RAM Sale Number: 86764657
RAM Accounting Date: 09/23/2015

Serial Number: 86764657
Internet Transmission Date: Tue Sep 22 16:10:04 EDT 2015
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20150922161004791
095-86764657-540c15f789979d2444479d2711d
29158d39b265f423a6125286572895acf9f898c8
-DA-2706-20150922160650999106