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: 88400171

Filing Date: 04/24/2019

To the Commissioner for Trademarks:

MARK: A yellow and blue biped holding a package labeled "BUTTERFINGER" in the right hand and showing a "thumbs up" symbol with the left hand (stylized and/or with design, see mark)

The literal element of the mark consists of A yellow and blue biped holding a package labeled "BUTTERFINGER" in the right hand and showing a "thumbs up" symbol with the left hand.
The color(s) yellow, blue, red, white, beige, brown, black is/are claimed as a feature of the mark. The mark consists of BUTTERFINGER - A yellow and blue biped holding a package labeled "BUTTERFINGER" in the right hand and showing a "thumbs up" symbol with the left hand.
The applicant, FerValue USA Inc., a corporation of Delaware, having an address of
      7 SYLVAN WAY
      PARSIPPANY, New Jersey 07054
      United States
      212-336-8000(phone)
      212-336-8001(fax)

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 030:  Candy
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.



The applicant's current Attorney Information:
      Chester Rothstein and Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Craig J. Arnold, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Mark Berkowitz, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Suzue Fujimori, Jessica Capasso, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus and Michael R. Jones of AMSTER, ROTHSTEIN & EBENSTEIN LLP      90 Park Avenue, 21st Floor
      New York, New York 10016
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.com (authorized)
The attorney docket/reference number is 34020/0005.

The applicant's current Correspondence Information:

Chester Rothstein

AMSTER, ROTHSTEIN & EBENSTEIN LLP

90 Park Avenue, 21st Floor

New York, New York 10016

212-336-8000(phone)

212-336-8001(fax)

ptodocket@arelaw.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: /Chester Rothstein/   Date: 04/24/2019
Signatory's Name: Chester Rothstein
Signatory's Position: Attorney of Record, Member of the New York State Bar
Payment Sale Number: 88400171
Payment Accounting Date: 04/25/2019

Serial Number: 88400171
Internet Transmission Date: Wed Apr 24 14:01:58 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190424140158
285893-88400171-62033a5ba17e2a6cf8164a74
12180465bcf65ab43f39ef23d149aa037dd5acbc
5b-DA-314-20190424135931032693