Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: A BETTER KIND OF GOOD(Standard Characters, see http://uspto.report/TM/88248784/mark.png)
SERIAL NUMBER: 88248784
An Extension of Time form is being filed with the Allegation of Use.



The applicant, WhiteWave Services, Inc., having an address of
      12002 Airport Way
      Broomfield, Colorado 80021
      United States
is submitting the following allegation of use information:

For International Class 029:
Current identification: Dairy products, namely, milk, half and half, flavored milk, creams, creamers, yogurt, cheese, cheese-based snacks, cream cheese, butter, sour cream, cottage cheese, eggs, egg whites; Cheese and cracker combinations; Dried fruit-based snacks; fruit-based snack food; fruit chips; fruit chips, namely, fruit crisps; snack mix consisting primarily of dried fruit; snack mix consisting primarily of dehydrated fruit; dried fruits

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Dairy products, namely, yogurt, cheese, cheese-based snacks, cream cheese, butter, sour cream, cottage cheese, eggs, egg whites; Cheese and cracker combinations; Dried fruit-based snacks; fruit-based snack food; fruit chips; fruit chips, namely, fruit crisps; snack mix consisting primarily of dried fruit; snack mix consisting primarily of dehydrated fruit; dried fruits

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Dairy products, namely, milk, half and half, flavored milk, creams, and creamers
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/22/2019, and first used in commerce at least as early as 04/22/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photograph showing use of the mark in the sale of the goods.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Betsy Bengtson. Betsy Bengtson of HOLLAND & HART LLP, is located at

      TRADEMARK DOCKETING
      PO BOX 8749
      DENVER, Colorado 80201
      United States
The docket/reference number is 82427.tbd.

The email address is docket@hollandhart.com

The applicants proposed attorney information: Betsy Bengtson. Other appointed attorneys are Scott S. Havlick, Andrea Anderson, Ester Martin, H. Matthew Horlacher, Larry H. Tronco, Hope Hamilton, Nadya C. Davis, Kazuyo Morita, Madelon Lapidus, Amanda Marston, Jeffrey D. Larson, Catherine C. Miller, Amy Tindell, Dardoh Skinner, Lian Ernette and all other attorneys at Holland & Hart. Betsy Bengtson of HOLLAND & HART LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      TRADEMARK DOCKETING
      PO BOX 8749
      DENVER, Colorado 80201
      United States
The docket/reference number is 82427.tbd.

The email address is docket@hollandhart.com

Betsy Bengtson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: BETSY BENGTSON. BETSY BENGTSON of HOLLAND & HART LLP, is located at

      TRADEMARK DOCKETING
      PO BOX 8749
      DENVER, Colorado 80201
      United States
The docket/reference number is 82427.tbd.

The email address is docket@hollandhart.com

The applicants proposed correspondence information: BETSY BENGTSON. BETSY BENGTSON of HOLLAND & HART LLP, is located at

      TRADEMARK DOCKETING
      PO BOX 8749
      DENVER, Colorado 80201
      United States
The docket/reference number is 82427.1617.

The email address is docket@hollandhart.com; lhtronco@hollandhart.com; mllapidus@hollandhart.com; lbernette@hollandhart.com; klanderson@hollandhart.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Lian B. Ernette/      Date Signed: 12/31/2019
Signatory's Name: Lian B. Ernette
Signatory's Position: Attorney of Record, Illinois bar member
Signatory's Phone: 303-473-2870

Mailing Address:
   HOLLAND & HART LLP
   TRADEMARK DOCKETING
   PO BOX 8749
   DENVER, Colorado 80201

RAM Sale Number: 88248784
RAM Accounting Date: 12/31/2019

Serial Number: 88248784
Internet Transmission Date: Tue Dec 31 14:24:27 EST 2019
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2019123114242797
9561-88248784-70095aad463aa81dd253acd014
981b3db9eb97437ffb8e805683a12d0e4fb2-DA-
24272516-20191231140256846828