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: 88289915

Filing Date: 02/05/2019

To the Commissioner for Trademarks:

MARK: SNOBOY FRESHNESS GUARANTEED (stylized and/or with design, see mark)

The literal element of the mark consists of SNOBOY FRESHNESS GUARANTEED.
The applicant is not claiming color as a feature of the mark. The mark consists of a stylized illustration of a bust of a smiling snowman showing the image that includes head, shoulders and arms, with earmuffs worn on head, and arms outstretched providing background for display of text "SNOBOY" and centered below that text is the text "Freshness Guaranteed" bordered by lines on the top and bottom.
The applicant, AMERIFRESH, INC., a corporation of Delaware, having an address of
      P.O. BOX 25109
      SCOTTSDALE, Arizona 85255
      United States
      623-537-7771(phone)
      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 031:  Fresh produce, namely, fresh fruits, fresh vegetables and fresh berries

In International Class 031, 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 12/31/2016, and first used in commerce at least as early as 12/31/2016, 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) photograph of a shipping carton displaying the subject mark in which produce claimed within the subject application is sold and shipped in interstate commerce.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0754758, 4273715, 4273716, and others.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 04/09/1925, and in commerce at least as early as 04/09/1925.

Miscellaneous Statement
Display of circle R registration symbol in use specimen is warranted as the text SNOBOY and also the image of snowman in various formatives are active previously registered marks

The applicant's current Attorney Information:
      REBECCA NITTLE of LAW OFFICE OF REBECCA NITTLE      9409 W. ELM STREET
      PHOENIX, Arizona 85037
      United States
      623-537-7771(phone)
      SAINTLAW@AOL.COM (authorized)
The attorney docket/reference number is SnoboyB/W.

The applicant's current Correspondence Information:

REBECCA NITTLE

LAW OFFICE OF REBECCA NITTLE

9409 W. ELM STREET

PHOENIX, Arizona 85037

623-537-7771(phone)

SAINTLAW@AOL.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: /REBECCA NITTLE/   Date: 02/05/2019
Signatory's Name: REBECCA NITTLE
Signatory's Position: ATTORNEY OF RECORD, ARIZONA BAR MEMBER
Payment Sale Number: 88289915
Payment Accounting Date: 02/06/2019

Serial Number: 88289915
Internet Transmission Date: Tue Feb 05 16:29:12 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019020516291268
3866-88289915-620855321806c2291b5dff555e
3da1e6055168fb93aa156e5b846166676c7c0b-C
C-3117-20190205160501603116