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: 88273579

Filing Date: 01/23/2019

To the Commissioner for Trademarks:

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

The applicant, FOOD Freshly AFC GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Grafenheider Strasse 103
      Bielefeld 33729
      Germany
      +49-5219687870(phone)
      -49 521 96 87 87 29(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 001:  Antioxidants and preservatives for fresh, cut, portioned, peeled, preserved fruit, vegetables, herbs and spices, fruit, vegetable, herbs and spice products, fruit, vegetable, herbs and spice compositions; in particular vitamins, minerals, salts and mixtures thereof, in particular ascorbic acid, isoascorbic acid, acerola, and salts thereof, alkali metal salts and alkaline earth metal salts, in particular sodium, potassium, calcium and magnesium salts, sodium carbonate, potassium carbonate, sodium hydrogen carbonate, potassium hydrogen carbonate and mixtures thereof; in particular antioxidants and preservatives in the form of dry powders or powder mixtures, in particular for dissolving in water, or in the form of aqueous solutions
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 European Union Trademark - EUTM application number 017994280, filed 11/30/2018.
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 029:  Preserved and processed fruit, vegetables, herbs and spices; preserved and processed fresh fruit, vegetables, herbs and spices; preserved and processed fresh fruit, vegetables, herbs and spices in cut, portioned, sliced and peeled form
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.

       International Class 040:  Preserving and processing of fruit, vegetables, herbs and spices, in particular of cut, portioned, sliced and peeled fruit, vegetables, herbs and spices, fruit, vegetable, herbs and spice products, fruit, vegetable, herbs and spice compositions with antioxidants and preservatives; in particular with vitamins, minerals, salts and mixtures thereof, in particular with ascorbic acid, isoascorbic acid, acerola, and salts thereof, alkali metal salts and alkaline earth metal salts, in particular sodium, potassium, calcium and magnesium salts, sodium carbonate, potassium carbonate, sodium hydrogen carbonate, potassium hydrogen carbonate and mixtures thereof; in particular with antioxidants and preservatives in the form of aqueous solutions for spraying, dripping, watering, dipping or marinating fruit and vegetables, herbs and spices, fruit, vegetable, herbs and spice products, fruit, vegetable, herbs and spice compositions, in particular in fresh, cut, portioned, sliced and peeled form
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 European Union Trademark - EUTM application number 017994280, filed 11/30/2018.
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.



For informational purposes only, applicant's website address is: http://www.food-freshly.eu/

The applicant's current Attorney Information:
      Randolph E. Digges, III and David E. Spaw; Mark E. Bandy; Erik J. Overberger; Jonathan A. Withrow; Gregory S. Vickers; Christopher J. Korff; Kevin M. Goodman; Samir S. Khoury; Robert A. Sidoti; Kazuto Ishihara; Maria T. Ianiro; Matthew T. Waters of Rankin, Hill & Clark LLP      23755 Lorain Road, Suite 200
      North Olmsted, Ohio 44070
      United States
      216-566-9700(phone)
      2165669711(fax)
      75628@rankinhill.com (authorized)
The attorney docket/reference number is GIL-45255.

The applicant's current Correspondence Information:

Randolph E. Digges, III

Rankin, Hill & Clark LLP

23755 Lorain Road, Suite 200

North Olmsted, Ohio 44070

216-566-9700(phone)

2165669711(fax)

75628@rankinhill.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 $825 has been submitted with the application, representing payment for 3 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: /Randolph E. Digges, III/   Date: 01/23/2019
Signatory's Name: Randolph E. Digges, III
Signatory's Position: Attorney of record, Ohio bar member
Payment Sale Number: 88273579
Payment Accounting Date: 01/24/2019

Serial Number: 88273579
Internet Transmission Date: Wed Jan 23 18:05:39 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20190123180539548
256-88273579-620d94347e09f44e398191ede5f
57c05a0281ef4f658f76c30579673994e7199-CC
-5101-20190123175319091359