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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88035050

Filing Date: 07/12/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of CALIDAD BRAND.
The color(s) red, yellow, green and white is/are claimed as a feature of the mark. The mark consists of the word CALIDAD in red letters outlined in yellow, green and white which is superimposed over the middle of a diamond design; the word BRAND, which is in small green letters, is below the word CALIDAD; the design of a Mexican man and woman in red with white markings stands above the word CALIDAD over the top of the diamond design; a yellow diamond shape forms the background of the mark having yellow inner and outer borders, the whole of which is outlined in green, then outlined in white.
The applicant, GRUMA CORPORATION, a corporation of Nevada, having an address of
      5601 Executive Drive, Suite 800
      Irving, Texas 75038
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 030:  Tortilla chips; Tortillas

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 03/00/2012, and first used in commerce at least as early as 03/00/2012, 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) photograph of package for goods and close up photo.
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4703811, 3450439, 1875419, and others.

Translation
The English translation of CALIDAD in the mark is QUALITY.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
CALIDAD BRAND has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3450439 1875419 .

The applicant's current Attorney Information:
      John M. Cone of Ferguson Braswell Fraser Kubasta PC      2500 Dallas Parkway, Suite 600
      Plano, Texas 75093
      United States
      972-826-4436(phone)
      972-378-9115(fax)
      jmcdocket@fbfk.law (authorized)
The attorney docket/reference number is 5139.072.US.

The applicant's current Correspondence Information:

John M. Cone

Ferguson Braswell Fraser Kubasta PC

2500 Dallas Parkway, Suite 600

Plano, Texas 75093

972-826-4436(phone)

972-378-9115(fax)

jmcdocket@fbfk.law (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: /DavidA.Salazar/   Date: 07/12/2018
Signatory's Name: David A. Salazar
Signatory's Position: Sr. Director of Legal Services
Payment Sale Number: 88035050
Payment Accounting Date: 07/12/2018

Serial Number: 88035050
Internet Transmission Date: Thu Jul 12 13:00:31 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2018071213003142
1577-88035050-610c9baaadda35ab5baf234508
c967fb179e2ee3e45b983a6f76643888579a924d
e-CC-12064-20180711123027708687