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: 88035862

Filing Date: 07/12/2018

To the Commissioner for Trademarks:

MARK: DAILY HARVEST (Standard Characters, see mark)
The literal element of the mark consists of DAILY HARVEST.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Daily Harvest, Inc., a corporation of Delaware, having an address of
      65 West 13th Street, No. 8D
      New York, New York 10011
      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:  Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting primarily of beans

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 06/01/2014, and first used in commerce at least as early as 11/00/2016, 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) website screenshots.
Specimen File1
Specimen File2
Specimen File3

       International Class 030:  Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream substitutes; Ice cream sundaes; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of grains

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 06/01/2014, and first used in commerce at least as early as 05/15/2017, 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) website screenshots.
Specimen File1
Specimen File2
Specimen File3

       International Class 032:  Ginger-based beverages

In International Class 032, 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 06/01/2014, and first used in commerce at least as early as 02/15/2018, 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) website screenshots.
Specimen File1
Specimen File2
Specimen File3

       International Class 035:  On-line retail store services featuring pre-prepared meals, desserts and beverages

In International Class 035, 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 06/01/2014, and first used in commerce at least as early as 06/01/2014, 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) website screenshots.
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4657785.

The applicant's current Attorney Information:
      Allison Hagey and Any and all other attorneys associated or affiliated with BraunHagey & Borden LLP of BraunHagey & Borden LLP      220 Sansome Street, 2nd Floor
      San Francisco, California 94104-2711
      United States
      415-599-0210(phone)
      415-599-0210(fax)
      tmadmin@braunhagey.com (authorized)

The applicant's current Correspondence Information:

Allison Hagey

BraunHagey & Borden LLP

220 Sansome Street, 2nd Floor

San Francisco, California 94104-2711

415-599-0210(phone)

415-599-0210(fax)

tmadmin@braunhagey.com;shadow@braunhagey.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 $1100 has been submitted with the application, representing payment for 4 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: /Allison Hagey/   Date: 07/12/2018
Signatory's Name: Allison Hagey
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 88035862
Payment Accounting Date: 07/13/2018

Serial Number: 88035862
Internet Transmission Date: Thu Jul 12 18:43:55 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2018071218435567
3920-88035862-610a2d91a9cf8546d74e9c5761
e64aed1f5ba146972a3ef1f75a8cb59c64fd1831
-CC-5138-20180712153030875028