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: 88146084

Filing Date: 10/08/2018

To the Commissioner for Trademarks:

MARK: "D" and "H" (stylized and/or with design, see mark)

The literal element of the mark consists of "D" and "H".
The applicant is not claiming color as a feature of the mark. The mark consists of a black square with the black letters D and H in the center of the square. The "D" appears on top of the "H" with a vertical line in-between the letters.
The applicant, Daily Harvest, Inc., a corporation of Delaware, having an address of
      37 W 20th Street
      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; prepackaged meals consisting primarily of fruit and seeds

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 04/09/2016, and first used in commerce at least as early as 04/09/2016, 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) Scanned photograph of product bearing the mark.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-63764866-20181004111046118790_._Daily_Harvest_Class_29_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       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 04/09/2016, and first used in commerce at least as early as 04/09/2016, 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) Scanned photograph of product bearing the mark.
Specimen File1

       International Class 032:  Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; Preparations for making beverages, namely, smoothies and fruit and vegetable juices; Smoothies; Vegetable juices; Vegetable-fruit juices; 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 04/09/2016, and first used in commerce at least as early as 04/09/2016, 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) Scanned photograph of product bearing the mark.

Original PDF file:
SPE0-1-63764866-20181003140339425450_._Daily_Harvest_Class_32_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       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 04/09/2016, and first used in commerce at least as early as 04/09/2016, 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) Screenshot of website displaying the mark where the product is being offered for sale.

Original PDF file:
SPE0-63764866-20181003140339425450_._Daily_Harvest_Class_35_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant's current Attorney Information:
      Margarita Wallach, Esq. of McCarter & English, LLP
      Worldwide Plaza
      825 Eighth Avenue, 31st Floor
      New York, New York 10019
      United States
      212-609-6800(phone)
      2126096921(fax)
      mwallach@mccarter.com (authorized)
The attorney docket/reference number is 130222.

The applicant's current Correspondence Information:

Margarita Wallach, Esq.

McCarter & English, LLP

Worldwide Plaza       825 Eighth Avenue, 31st Floor

New York, New York 10019

212-609-6800(phone)

2126096921(fax)

mwallach@mccarter.com;kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.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: /Rachel Drori/   Date: 10/05/2018
Signatory's Name: Rachel Drori
Signatory's Position: CEO
Payment Sale Number: 88146084
Payment Accounting Date: 10/09/2018

Serial Number: 88146084
Internet Transmission Date: Mon Oct 08 09:49:04 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-201810080949045022
63-88146084-610c5e88e4e80ba57b6e018d4152
96c234caa30afebcc5f80642f3f738e228533e-D
A-8590-20181004111046118790