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)

---

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: 88445804

Filing Date: 05/24/2019

To the Commissioner for Trademarks:

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

The applicant, Société des Produits Nestlé S.A., a société anonyme (sa) legally organized under the laws of Switzerland, having an address of
      Case Postale 353
      Vevey 1800
      Switzerland

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 029:  Preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; preserved fruits, frozen fruits, dried fruits; cooked fruits; foods prepared from cereal protein-based meat substitutes; food spreads prepared from vegetables; food spreads prepared from fruits; food spreads prepared from grain protein; food spreads of mushroom-based meat substitutes, food spreads of soybean-based meat substitutes, food spreads of vegetable-based meat substitutes, food spreads of bean-based meat substitutes; prepared meals consisting mainly of soy bean-based meat substitutes; Prepared meals consisting mainly of meat substitutes prepared from mushroom; Prepared meals consisting mainly of meat substitutes prepared from soybean; Prepared meals consisting mainly of meat substitutes prepared from beans; Prepared meals consisting mainly of meat substitutes prepared from vegetables; vegetarian foods for consumption based on vegetables; soy bean-based meat substitute; vegetarian foods for consumption based on soybeans, vegetarian foods for consumption based on beans; Meat substitutes based on vegetables, Meat substitutes based on mushrooms, Meat substitutes based on beans; protein prepared from milk for human consumption; Hummus; hummus-based salads; hummus-based spreads; vegetable salad; fruit salad; Preparations for making soups, soups.
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 030:  Starters mainly made from pasta; starters mainly prepared from cereals, starters mainly prepared from flour, starters mainly prepared from tapioca; Pasta; chocolate dips, cocoa dips, honey dips; Sauces (spices), dressing for salads; dipping sauces.
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:
      Catherine C. Miller and Scott S. Havlick; Andrea L. Anderson; Ester Martín; Andrew A. Roppel; Larry H. Tronco; Kazuyo Morita; Matt Horlacher; Betsy P. Bengtson; Hope I. Hamilton; Madelon L. Lapidus; Amanda N. Marston; Jeff D. Larson; Amy J. Tindell; of Holland & Hart LLP
      Attn: Trademark docketing
      P.O. Box 8749
      Denver, Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com (authorized)
The attorney docket/reference number is 82145.2595.

The applicant hereby appoints Catherine C. Miller of Holland & Hart LLP
      Attn: Trademark docketing
      P.O. Box 8749
      Denver Colorado 80201-8749
      United States
      303-245-2092(phone)
      docket@hollandhart.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Catherine C. Miller

Holland & Hart LLP

Attn: Trademark docketing       P.O. Box 8749

Denver, Colorado 80201-8749

303-245-2092(phone)

docket@hollandhart.com;ccmiller@hollandhart.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 $550 has been submitted with the application, representing payment for 2 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: /Catherine C. Miller/   Date: 05/24/2019
Signatory's Name: Catherine C. Miller
Signatory's Position: Attorney for Applicant, Colorado bar member
Payment Sale Number: 88445804
Payment Accounting Date: 05/28/2019

Serial Number: 88445804
Internet Transmission Date: Fri May 24 15:50:33 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019052415503391
5800-88445804-62071ef3137406d8c7f9d2d232
8f7cbd4c260122c1cdea1abc318f08ceafd15878
2-DA-4781-20190524151412306976