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: 88237454

Filing Date: 12/20/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of Sigma.
The color(s) red and yellow is/are claimed as a feature of the mark. The mark consists of the word Sigma in red stylized font with a yellow check mark starting above the "i" and extending over the word.
The applicant, SIGMA ALIMENTOS, S.A. DE C.V., a sociedad anonima (sa de cv)) legally organized under the laws of Mexico, having an address of
      Colonia Carrizalejo
      Avenida Gómez Morín No. 1111
      San Pedro Garza García CP66254
      Mexico

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:  Meat, fish, poultry, and game not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; oils and fats for food; beef; beverages consisting principally of milk; beverages having a milk base; beverages made from milk; beverages made from yoghurt; beverages made with yoghurt; blended cheese; butter; butter substitutes; canned cooked meat; canned meat; charcuterie; cheese; cheese-based snack foods; cheese food; cheese substitutes; chicken; combination meal consisting primarily of a meat or vegetable-based entree and a soup or salad for consumption on or off the premises; cooked meat dishes; corn dogs; cured meats; dairy based beverages; dried beef; drinking yoghurts; flavoured milk; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured vegetable protein for use as a meat substitute; frankfurters; fresh meat; fresh poultry; frozen appetizers consisting primarily of chicken or seafood; ham; hamburger; hot dog sausages; liver pate; luncheon meats; lyophilized meat; meat; meat and meat extracts; meat-based snack foods; meat substitutes; milk; packaged meats; pork; prepared beef; prepared dishes consisting principally of meat; prepared entrees consisting principally of seafood; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; processed meat; sausages; sausage meat; soups; stews; yoghurt
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Mexico application number 2142216, filed 12/11/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 030:  Coffee; prepared coffee and coffee-based beverages; tea; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour for foods; preparations made from cereals, namely, breakfast cereals; bread; pastry and confectionery, namely, cakes, cookies; pies; edible ices; honey; treacle; yeast for food preparation for human consumption; baking-powder; cooking salt; mustard; vinegar; ice for refreshment; pasta and noodles; pizza; lasagna; spaghetti; ravioli; hotcake mixes; hot dog sandwiches; waffles; tamales; burritos; tortillas; tacos; enchiladas
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Mexico application number 2142218, filed 12/11/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 032:  Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Flavored waters; Fruit juice bases; Fruit juices; Mineral water; Soda water; Soft drinks; Soy-based beverages not being milk substitutes; Coffee-flavored soft drinks
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Mexico application number 2142220, filed 12/11/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 035:  Administration of a program for enabling participants to obtain discounts on goods and receive improved services; Administration, billing and reconciliation of accounts on behalf of others; Administrative processing of purchase orders; Advertisement and publicity services by television, radio, mail; Advertising and marketing; Advertising services, public relations and marketing services, namely, promoting and marketing the goods and services of others all through public communication means; Analysis of market research data and statistics; Analyzing and compiling business data; Arranging and conducting business conferences; Arranging and conducting of fairs and exhibitions for business and advertising purposes; Arranging for pickup, delivery, storage and transportation of documents, packages, freight and parcels via ground and air carriers; Assistance in management of business activities; Assistance, advice and consultancy with regard to business planning, business analysis, business management and business organization relating to purchasing functions; Brand evaluation services; Branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals; Business management assistance; Business marketing services; Business planning; Business supervision; Buying club services; Collection and systematization of information into computer databases; Collection of market research information; Commercial administration of the licensing of the goods and services of others; Comparison shopping services; Conducting business research and surveys; Conducting market surveys; Conducting marketing studies; Conducting public opinion polls; Consumer marketing research and consulting related thereto; Consumer research; Cost analyses; Cost assessment services; Cost price analysis; Customer relationship management; Developing promotional campaigns for business; Direct marketing services; Evaluations relating to commercial matters; Goods import-export agencies; Market analysis; Market research; Marketing services; Office administration services; Organization of exhibitions and trade fairs for business and promotional purposes; Organization of exhibitions for commercial or advertising purposes; Price comparison services; Product demonstration; Product merchandising; Retail and on-line grocery store services featuring home delivery service; Retail grocery stores; Retail convenience stores; Retail delicatessen services; Retail variety stores; Sales demonstration; Sales management services; Sales promotion; Sample distribution; Shoppers' guide information; Supply chain management services; Wholesale distributorships featuring food and beverages
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Mexico application number 2142221, filed 12/11/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3034420, 3412684, 3412685, and others.

The applicant's current Attorney Information:
      H. David Starr and Joe M. Muncy, Martin R. Geissler, Mark E. Olds, Scott L. Lowe, Roberta S. Bren, P. Jay Hines, Jeffrey H. Kaufman, Marcus Luepke, Kyoko Imai of Muncy, Geissler, Olds & Lowe, P.C.      4000 Legato Road, Suite 310
      Fairfax, Virginia 22033
      United States
      703-621-7140 x155(phone)
      703-621-7155(fax)
      hds@mg-ip.com (authorized)
The attorney docket/reference number is 10004.70068.

The applicant hereby appoints H. David Starr of Muncy, Geissler, Olds & Lowe, P.C.
      4000 Legato Road, Suite 310
      Fairfax Virginia 22033
      United States
      703-621-7140 x155(phone)
      703-621-7155(fax)
      hds@mg-ip.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

H. David Starr

Muncy, Geissler, Olds & Lowe, P.C.

4000 Legato Road, Suite 310

Fairfax, Virginia 22033

703-621-7140 x155(phone)

703-621-7155(fax)

hds@mg-ip.com;mailroom@mg-ip.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: /H. David Starr/   Date: 12/20/2018
Signatory's Name: H. David Starr
Signatory's Position: Attorney for Applicant, District of Columbia bar member
Payment Sale Number: 88237454
Payment Accounting Date: 12/21/2018

Serial Number: 88237454
Internet Transmission Date: Thu Dec 20 16:20:40 EST 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20181220162040
062489-88237454-620893c0ea6bd514f73225f8
de14393ad935f1688aab3e09963687fe84e9882-
CC-4088-20181220155718839429