Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: KIND(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86628161/large)
SERIAL NUMBER: 86628161
An Extension of Time form is being filed with the Allegation of Use.



The applicant, KIND Management Inc., having an address of
      1372 Broadway
      New York, New York 10018
      United States
is submitting the following allegation of use information:

For International Class 029:
Current identification: Dried fruit-based snacks; nut based snack foods, namely, nut crisps and clusters; snack dips; vegetable based snack foods; dairy based beverages; dairy based spreads and dips; yogurt based dips and spreads; yogurt, Greek yogurt; cottage cheese, cheese; grain based beverages; fruit chips; trail mix consisting primarily of nuts, seeds or dried fruit; trail, mix consisting primarily of processed seeds and also including rice; trail mix consisting primarily of legumes in the nature of a bean-based snack food; trail mix consisting primarily of processed legumes and also including rice; trail mix consisting primarily of processed nuts and seeds; trail mix consisting primarily of processed nuts and dried fruit; dried vegetables, freeze dried vegetables; nut butters, nut spreads; nut butter substitutes made from sunflower seeds, sesame seeds; seed based snack bars; high protein nut based food bars; nut based beverages used as milk substitutes, namely, almond based beverages, peanut based beverages, walnut based beverages, macademia based beverages, hazelnut based beverages, cashew based beverages, coconut based beverages; whole grain meals, namely, breakfast and lunch packaged meals consisting primarily of fresh meat, fish, poultry or vegetables

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Snack dips; dairy based beverages; dairy based spreads and dips; yogurt based dips and spreads; yogurt, Greek yogurt; cottage cheese, cheese; grain based beverages; fruit chips; trail mix consisting primarily of nuts, seeds or dried fruit; trail, mix consisting primarily of processed seeds and also including rice; trail mix consisting primarily of legumes in the nature of a bean-based snack food; trail mix consisting primarily of processed legumes and also including rice; trail mix consisting primarily of processed nuts and seeds; trail mix consisting primarily of processed nuts and dried fruit; dried vegetables, freeze dried vegetables; nut butters, nut spreads; nut butter substitutes made from sunflower seeds, sesame seeds; nut based beverages used as milk substitutes, namely, almond based beverages, peanut based beverages, walnut based beverages, macademia based beverages, hazelnut based beverages, cashew based beverages, coconut based beverages; whole grain meals, namely, breakfast and lunch packaged meals consisting primarily of fresh meat, fish, poultry or vegetables

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Dried fruit-based snacks; nut based snack foods, namely, nut crisps and clusters; vegetable based snack foods; seed based snack bars; high protein nut based food bars
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/14/2004, and first used in commerce at least as early as 06/14/2004, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshot of applicant's website displaying the mark on the product offered for sale.

Original PDF file:
SPN0-63764866-20170605184725971809_._KIND_LOGO_SPECIMEN_-_Class_29__Fruit___Nut_.pdf
Converted PDF file(s) (1 page)
Specimen File1


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Dried fruit-based snacks; nut based snack foods, namely, nut crisps and clusters; vegetable based snack foods; seed based snack bars; high protein nut based food bars
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Snack dips; dairy based beverages; dairy based spreads and dips; yogurt based dips and spreads; yogurt, Greek yogurt; cottage cheese, cheese; grain based beverages; fruit chips; trail mix consisting primarily of nuts, seeds or dried fruit; trail, mix consisting primarily of processed seeds and also including rice; trail mix consisting primarily of legumes in the nature of a bean-based snack food; trail mix consisting primarily of processed legumes and also including rice; trail mix consisting primarily of processed nuts and seeds; trail mix consisting primarily of processed nuts and dried fruit; dried vegetables, freeze dried vegetables; nut butters, nut spreads; nut butter substitutes made from sunflower seeds, sesame seeds; nut based beverages used as milk substitutes, namely, almond based beverages, peanut based beverages, walnut based beverages, macademia based beverages, hazelnut based beverages, cashew based beverages, coconut based beverages; whole grain meals, namely, breakfast and lunch packaged meals consisting primarily of fresh meat, fish, poultry or vegetables

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $275 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered.
	For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /ML/      Date Signed: 06/06/2017
Signatory's Name: Miguel Leal
Signatory's Position: EVP of Marketing
Signatory's Phone: 917-363-7592

Request to Divide Signature


Signature: /mw/    Date: 06/06/2017
Signatory's Name: Margarita Wallach
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone: 212-609-6819


RAM Sale Number: 86628161
RAM Accounting Date: 06/07/2017

Serial Number: 86628161
Internet Transmission Date: Tue Jun 06 17:01:39 EDT 2017
TEAS Stamp: USPTO/SOU-XX.XX.XX.XX-201706061701399716
53-86628161-590d581012a2bbc2a274a6d328ed
b86d2869ab9a365f993c9969246f165712f1cb-D
A-4346-20170605184725971809