Amendment to Allege 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)

---

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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: NOURISH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87130670/large)
SERIAL NUMBER: 87130670



The applicant, Nourish Snacks, Inc., having an address of
      Suite 402
      168A Irving Avenue
      Port Chester, New York 10573
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: Protein Powder

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 029:
Current identification: Snack foods, namely, protein based snack foods; dried fruit-based food snack foods; dried vegetable-based snack foods; protein bites, namely, nut clusters; protein based, nutrient dense snack bites consisting primarily of processed nuts, dehydrated fruits and protein powders; nut and seed-based food bites; dried fruit-based food bites; dried vegetable-based food bites; Soy-based snack foods; Snack mixes consisting primarily of processed nuts, seeds and dried fruit; Dried fruit; Dried vegetables; Dried fruit mixes; Processed nuts and edible seeds; Nut-based snack foods; Dried beans; Processed chickpeas; Jerky; Potato chips; Vegetable chips; Pretzel chips; Nut- and dried fruit- based snack bars; Nut- and seed- based snack bars; Nuts; Snack food dips; legume-based snack foods; nut butter-based snack foods; seed-based snack foods; Yogurt-based snack foods

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 030:
Current identification: Granola and granola-based snacks; oat-based snack foods; grain-based snack foods; granola-based snack bites; grain-based snack bites containing, namely, chocolate, chia seeds, fruits, vegetables and protein powders; Ready to eat cereal derived food bars; Chocolate-based snack foods; Chocolate; Cocoa nibs; Honey; Bagel chips; Corn chips; Tortilla chips; Pita chips; Candy; Confections; Granola-based snack bars; High-protein cereal bars; Granola; Granola snacks; Cereal; Cereal-based snack food; Cookies; Powdered shake mix; Crackers; Puffs popcorn; pretzels; chocolate bark; baked goods; corn-based snack foods; grain-based snack foods; wheat-based snack foods; Cheese-based snack foods; Coconut-based snack foods

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: grain-based snack bites containing, namely, vegetables and protein powders; Ready to eat cereal derived food bars; Chocolate-based snack foods; Chocolate; Cocoa nibs; Honey; Bagel chips; Corn chips; Tortilla chips; Pita chips; Candy; Confections; Granola-based snack bars; High-protein cereal bars; Cereal; Cereal-based snack food; Cookies; Powdered shake mix; Crackers; Puffs popcorn; pretzels; chocolate bark; baked goods; corn-based snack foods; grain-based snack foods; wheat-based snack foods; Cheese-based snack foods; Coconut-based snack foods

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: Granola and granola-based snacks; oat-based snack foods; grain-based snack foods; granola-based snack bites; grain-based snack bites containing, namely, chocolate, chia seeds, fruits; Granola; Granola snacks.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/00/2014, and first used in commerce at least as early as 02/00/2014, 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) Photographs of mark displayed on product packaging.
Specimen File1
Specimen File2


For International Class 032:
Current identification: Ready to drink beverages

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


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: Granola and granola-based snacks; oat-based snack foods; grain-based snack foods; granola-based snack bites; grain-based snack bites containing, namely, chocolate, chia seeds, fruits; Granola; Granola snacks. (cl. 30)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Cl. 5; Cl. 29; grain-based snack bites containing, namely, vegetables and protein powders; Ready to eat cereal derived food bars; Chocolate-based snack foods; Chocolate; Cocoa nibs; Honey; Bagel chips; Corn chips; Tortilla chips; Pita chips; Candy; Confections; Granola-based snack bars; High-protein cereal bars; Cereal; Cereal-based snack food; Cookies; Powdered shake mix; Crackers; Puffs popcorn; pretzels; chocolate bark; baked goods; corn-based snack foods; grain-based snack foods; wheat-based snack foods; Cheese-based snack foods; Coconut-based snack foods (Cl. 30); Cl. 32

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 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 that all statements made on information and belief are believed to be true.

Signature: /Ian Bauer/      Date Signed: 04/03/2017
Signatory's Name: Ian Bauer
Signatory's Position: President
Signatory's Phone: 917-270-9200

Request to Divide Signature


Signature: /mhuq/    Date: 04/04/2017
Signatory's Name: Muzamil Huq
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone: 212 326 0809


RAM Sale Number: 87130670
RAM Accounting Date: 04/04/2017

Serial Number: 87130670
Internet Transmission Date: Tue Apr 04 10:42:02 EDT 2017
TEAS Stamp: USPTO/AAU-XX.XX.XXX.XX-20170404104202558
922-87130670-580b4ad874a3d934f9e05163fdb
d15667295f31ef7b39531b242b9def3b547d33a-
CC-8649-20170331143416120020