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: 88225998

Filing Date: 12/12/2018

To the Commissioner for Trademarks:

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

The applicant, ConAgra Foods RDM, Inc., a corporation of Delaware, having an address of
      222 W. Merchandise Mart Plaza, STE 1300
      Chicago, Illinois 60654
      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:  snack mix consisting of processed seeds and legumes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1335725 and 4504148.

The applicant's current Attorney Information:
      Alan S. Nemes and Daan G. Erikson, Michelle Alvey, Dan S. Cohn, Samuel Digirolamo, S. Myers Dill, Tara Allstun, Marriam Lin, Caroline Chicoine, H. Frederick Rusche, Kyle L. Barringer, Eric Rakestraw, Albert Carrion of Husch Blackwell LLP      190 Carondelet Plaza, Suite 600
      St. Louis, Missouri 63105
      United States
      314-480-1500(phone)
      314-480-1505(fax)
      pto-sl@huschblackwell.com (authorized)
The attorney docket/reference number is 500627.1261.

The applicant's current Correspondence Information:

Alan S. Nemes

Husch Blackwell LLP

190 Carondelet Plaza, Suite 600

St. Louis, Missouri 63105

314-480-1500(phone)

314-480-1505(fax)

pto-sl@huschblackwell.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: /Tracey Phillips Beck/   Date: 12/11/2018
Signatory's Name: Tracey Phillips Beck
Signatory's Position: Authorized Representative
Payment Sale Number: 88225998
Payment Accounting Date: 12/12/2018

Serial Number: 88225998
Internet Transmission Date: Wed Dec 12 08:54:27 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2018121208542798
9951-88225998-6109bf5714f8a3b64966c1ab3b
720eaeb796a6e1f93aa9a587eeb680b44ed65edb
-DA-9800-20181205151003335356