TEAS RF New 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 02/28/2018)

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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 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87308661

Filing Date: 01/20/2017

To the Commissioner for Trademarks:

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

The literal element of the mark consists of DIVINA.
The applicant is not claiming color as a feature of the mark. The mark consists of the word "DIVINA" in a stylized font. Above the word "DIVINA" are two stylized olive trees with leaves that overlap at the center of both trees.
The applicant, Mosaic Brands of New York, LLC, a limited liability company legally organized under the laws of New York, having an address of
      575 8th Avenue, 23rd Floor
      New York, New York 10018
      United States

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 029:  Cured meats; Prosciutto; Salami; Cheese; Feta cheese; Asiago cheese; Antipasto salads; Antipasto salads, namely, salads comprised of marinated olives, salami and asiago cheese; Antipasto salads, namely, salads comprised of olives, prosciutto and asiago cheese; Antipasto salads, namely, salads comprised of tomatoes and fresh mozzarella balls; Salads comprised of Greek olives and feta cheese packed in oil.
Intent to Use: 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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4998289, 3076746, and 3777856.

Translation
The English translation of DIVINA in the mark is DIVINE.

The applicant's current Attorney Information:
      Peter Nussbaum and Joshua Lee, Rachel Santarlas, Abigail Remore, Neha Bhalani of Chiesa Shahinian & Giantomasi PC      One Boland Drive
      West Orange, New Jersey 07052
      United States
      973-530-2025(phone)
      973-530-2225(fax)
      pnussbaum@csglaw.com (authorized)
The attorney docket/reference number is 10939/1/64.

The applicant's current Correspondence Information:

Peter Nussbaum

Chiesa Shahinian & Giantomasi PC

One Boland Drive

West Orange, New Jersey 07052

973-530-2025(phone)

973-530-2225(fax)

pnussbaum@csglaw.com;trademarks@csglaw.com;tmdocketing@csglaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 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

	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 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 The facts set forth in the application are true. 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 on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	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 that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Philip Meldrum/   Date: 01/20/2017
Signatory's Name: Philip Meldrum
Signatory's Position: Officer
Payment Sale Number: 87308661
Payment Accounting Date: 01/23/2017

Serial Number: 87308661
Internet Transmission Date: Fri Jan 20 15:14:35 EST 2017
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20170120151435429
576-87308661-580b67730e991b7c1d7e5e027dd
7459bdf69eab6f810585a4594645fc6457f54a-C
C-11740-20170120114641989244