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: 87568152

Filing Date: 08/14/2017

To the Commissioner for Trademarks:

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

The literal element of the mark consists of LIFEWAY.
The color(s) blue is/are claimed as a feature of the mark. The mark consists of the word LIFEWAY in a stylized blue font.
The applicant, Lifeway Foods, Inc., a corporation of Illinois, having an address of
      6431 West Oakton Street
      Morton Grove, Illinois 60053
      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:  Dairy-based beverages; dairy-based food beverages; kefir; non-dairy food beverage used as a milk substitute, namely, soy milk containing probiotics and almond milk containing probiotics; cheeses, cottage cheeses, cultured milk products excluding ice cream, ice milk, and frozen yogurt; dairy products, excluding ice cream, ice milk, and frozen yogurt, namely, kefir, natural cheeses, farmers cheeses, flavored cheeses, and cheese spreads; dairy-based spreads

In International Class 029, 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 05/13/1986, and first used in commerce at least as early as 05/13/1986, 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) product bearing mark.

Original PDF file:
SPE0-3898152171-20170808101201268935_._16079-102_-_LIFEWAY_color_-_Class_29.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1571136.

The applicant's current Attorney Information:
      Andrew J. Avsec and Jerome Gilson, Jeffery A. Handelman, David S. Fleming, Howard S. Michael, Jeffrey J. Catalano, Jennifer J. Theis, Joshua Frick, Susan H. Frohling, Virginia Wolk Marino, Craig C. Bradley, Evi Katsantonis and Emily T. Kappers of BRINKS GILSON & LIONE      P.O. Box 10395
      Chicago, Illinois 60610
      United States
      312-321-4200(phone)
      312-321-4299(fax)
      officeactions@brinksgilson.com (authorized)
The attorney docket/reference number is 16079/102.

The applicant's current Correspondence Information:

Andrew J. Avsec

BRINKS GILSON & LIONE

P.O. Box 10395

Chicago, Illinois 60610

312-321-4200(phone)

312-321-4299(fax)

officeactions@brinksgilson.com;aavsec@brinksgilson.com; rrios@brinksgilson.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

	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 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 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 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: /Douglas A. Hass/   Date: 08/14/2017
Signatory's Name: Douglas A. Hass
Signatory's Position: General Counsel
Payment Sale Number: 87568152
Payment Accounting Date: 08/15/2017

Serial Number: 87568152
Internet Transmission Date: Mon Aug 14 16:32:33 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2017081416323359
9879-87568152-510e29fd4d9ae6d7722ddfdf77
324cf872682bf3a552c5df893fbf486b9c14c7b7
-DA-3575-20170811155142062358