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: 88134680

Filing Date: 09/27/2018

To the Commissioner for Trademarks:

MARK: BROOKSHIRE BROTHERS FRESH HARVEST (stylized and/or with design, see mark)

The literal element of the mark consists of BROOKSHIRE BROTHERS FRESH HARVEST.
The applicant is not claiming color as a feature of the mark. The mark consists of a depiction of a barn and silo positioned above the stacked terms FRESH and HARVEST, all centered between the word BROOKSHIRE above and the word BROTHERS below.
The applicant, Brookshire Brothers, Inc., a corporation of Texas, having an address of
      1201 Ellen Trout Drive
      Lufkin, Texas 75904
      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 032:  Orange juice; and lemonade.

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 01/00/2018, and first used in commerce at least as early as 01/00/2018, 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) photograph of packaging showing Applicant's use of the mark in association with the goods.

Original PDF file:
SPE0-38104164242-20180914180305390913_._ookshire_Brothers_Fresh_Harvest___Design_-_Specimen_Class_32.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) 5544849, 5544857, 5546077, and others.

The applicant's current Attorney Information:
      J. Daniel Harkins and Michael P. Adams, Sherri Wilson, Eric Fingerhut, Jennifer Fraser, Marsha Gentner, and Shannon McKeon of Dykema Gossett P.L.L.C.      112 East Pecan Street, Suite 1800
      San Antonio, Texas 78205
      United States
      210-554-5500(phone)
      210-226-8395(fax)
      ipdocket@dykema.com (authorized)
The attorney docket/reference number is 720364.173C.

The applicant's current Correspondence Information:

J. Daniel Harkins

Dykema Gossett P.L.L.C.

112 East Pecan Street, Suite 1800

San Antonio, Texas 78205

210-554-5500(phone)

210-226-8395(fax)

ipdocket@dykema.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: /John Alston/   Date: 09/27/2018
Signatory's Name: John Alston
Signatory's Position: President and Chief Executive Officer
Payment Sale Number: 88134680
Payment Accounting Date: 09/28/2018

Serial Number: 88134680
Internet Transmission Date: Thu Sep 27 16:03:27 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201809271603272
13357-88134680-61050b526a6d06802b1df8bc8
1ca28ce4f21558f0bfb48d62d776f33ff87d96c-
DA-3117-20180914180305390913