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: 88159796

Filing Date: 10/18/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of KAIZEN.
The applicant is not claiming color as a feature of the mark. The mark consists of the word KAIZEN with a slash extending from the A through the I.
The applicant, The Winning Combination Inc., a corporation of Canada, having an address of
      6 - 1099 Wilkes Avenue
      Winnipeg, Manitoba R3P2S2
      Canada
      612-677-9050(phone)
      612-359-9349(fax)
      XXXX (not authorized)

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 005:  albumin dietary supplements; amino acid dietary supplements; beta carotene supplements; botanical supplements for general health and well-being; calcium supplements; casein dietary supplements dietary supplements for general health and well-being; dietary supplements for promoting weight loss; flaxseed dietary supplements; flaxseed for use as a dietary supplement; flaxseed oil dietary supplements; herbal and dietary supplements for promoting faster muscle recovery after exercise; herbal supplements for general health and well-being; herbal supplements for the promotion of healthy liver function; herbal supplements for the treatment of cardiovascular diseases; herbal supplements for the treatment of infectious diseases, namely, urinary tract infections;herbal supplements for the treatment of inflammatory diseases, namely inflammatory bowel diseases and inflammatory connective tissue diseases; herbal supplements for the treatment of the musculoskeletal system, namely, connective tissue diseases, cartilage injuries;lecithin for use as a dietary supplement; linseed dietary supplements; linseed oil dietary supplements; milk powder for nutritional purposes; mineral supplements; nutritional supplements for building body mass; nutritional supplements for general health and well-being; soy protein dietary supplements; vitamin supplements; wheat germ dietary supplements; protein powders for meal replacement; protein shakes; folic acid; multi-vitamin preparations; vitamin a preparations; vitamin b preparations; vitamin c preparations; vitamin d preparations; vitamin enhanced water; vitamin preparations; vitamin preparations in the form of meal replacement powders; appetite suppressants; appetite suppressant pills; dietary fiber to aid digestion; dietary fiber as a food additive; diuretics; laxatives; medicines for alleviating constipation; nutritional supplement meal replacement bars for boosting energy

In International Class 005, 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 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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) actual photo of the product packaging in which the supplement goods are sold.

Original PDF file:
SPE0-207174193156-20181018094641164227_._Specimen__Class_5_.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 032:  vitamin preparations in the form of meal replacement drinks

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 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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) actual photo of the product packaging in which the meal replacement drink goods are sold.

Original PDF file:
SPE0-207174193156-20181018094641164227_._Specimen__Class_32_.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant's current Attorney Information:
      Michael T. Hess and Glenn M. Seager, Brian N. Tufte, J. Scot Wickhem, Jason W. Burgmaier, Steven A. McAuley, Mark R. Schroeder of Seager, Tufte & Wickhem LLP      100 South 5th Street, Suite 600
      Minneapolis, Minnesota 55402
      United States
      612-677-9050(phone)
      612-359-9349(fax)
      docketing@stwiplaw.com (authorized)
The attorney docket/reference number is 1358.4141101.

The applicant's current Correspondence Information:

Michael T. Hess

Seager, Tufte & Wickhem LLP

100 South 5th Street, Suite 600

Minneapolis, Minnesota 55402

612-677-9050(phone)

612-359-9349(fax)

docketing@stwiplaw.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 $550 has been submitted with the application, representing payment for 2 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: /michael t. hess/   Date: 10/18/2018
Signatory's Name: Michael T. Hess
Signatory's Position: Attorney of Record, MN State Bar Member
Payment Sale Number: 88159796
Payment Accounting Date: 10/18/2018

Serial Number: 88159796
Internet Transmission Date: Thu Oct 18 10:11:33 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20181018101133
227465-88159796-6106b758c7eb643751272b75
563cb51a81fe68b46f594c251722462fc47ff283
d-DA-10081-20181018094641164227