TEAS Plus 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

TEAS Plus Application

Serial Number: 88410694

Filing Date: 05/01/2019

To the Commissioner for Trademarks:

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

The mark in your application is CRUZ.
The color(s) green, red, yellow, blue and white is/are claimed as a feature of the mark. The mark consists of a three banded circle which is green, red and yellow; in the upper portion of the three banded circle is the word CRUZ in stylized red letters which are highlighted in white and green; on top of the letter C is a yellow sombrero highlighted with yellow, red and white and which contains a green zigzagged band on the bottom and a green hat band; extending across the lower part of the three banded circle is a white and blue scarf design with white highlights and outlined in green and which has a blue and white fringe; below the scarf design is the representation of three pieces of grain, the kernels and stems of which are yellow and outlined in green; radiating behind the word CRUZ and the sombrero design are white lines. Unless otherwise indicated, the gray background illustrates the transparent portions of the package.
The applicant, GRUMA CORPORATION, a corporation of Nevada, having an address of
      5601 Executive Drive, Suite 800
      Irving, Texas 75039
      United States

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 030:  Tortillas

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 00/00/2015, and first used in commerce at least as early as 00/00/2015, 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) packages.
Specimen File1
Specimen File2
Specimen File3



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2127400, 3728155, 1579269, and others.

Translation
The English translation of CRUZ in the mark is CROSS.


The applicant's current Attorney Information:
      John M. Cone of Ferguson Braswell Fraser Kubasta PC      2500 Dallas Parkway, Suite 600
      Plano, Texas 75093
      United States
      972-826-4436(phone)
      972-378-9115(fax)
      jmcdocket@fbfk.law (authorized)
The attorney docket/reference number is 5139.183.US.

The applicant's current Correspondence Information:

John M. Cone

Ferguson Braswell Fraser Kubasta PC

2500 Dallas Parkway, Suite 600

Plano, Texas 75093

972-826-4436(phone)

972-378-9115(fax)

jmcdocket@fbfk.law (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /DavidA.Salazar/   Date: 05/01/2019
Signatory's Name: David A. Salazar
Signatory's Position: Sr. Director of Legal Services
Signatory's Phone Number: 9722325000
Payment Sale Number: 88410694
Payment Accounting Date: 05/01/2019

Serial Number: 88410694
Internet Transmission Date: Wed May 01 11:19:40 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2019050111194083
1225-88410694-620cb368a15acefd3ba949c795
fc16bb3252cff4c1bed4849674ee67dd8c24c393
-CC-10649-20190429174821266093