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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88463065 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88463065/mark.png |
LITERAL ELEMENT |
TRUST IN SOMETHING GOOD |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) |
NAME |
RIVERSIDE NATURAL FOODS LTD. |
STREET |
2720 Steeles Avenue West |
CITY |
Toronto, Ontario |
ZIP/POSTAL CODE |
L4K4N5 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
OWNER SECTION (proposed) |
NAME |
RIVERSIDE NATURAL FOODS LTD. |
STREET |
2720 Steeles Avenue West |
CITY |
Toronto, Ontario |
ZIP/POSTAL CODE |
L4K4N5 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
EMAIL |
tmapplicant@boardmanclark.com |
GOODS AND/OR SERVICES SECTION (030) (current) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
(1(b) and 44(d)) Cakes; frozen cakes; Individually packaged, single serve cakes; Crackers; Cheese crackers; Savoury crackers; Baking
chocolate; Chocolate chips; Chocolate chunks; (1(a) and 44(d)) Rice-based snack food, namely, squares; Breakfast cereals; Ready-to-eat cereals; Cereal bars and breakfast bars; Snack bars composed of
fruit and cereals; Baked snacks, namely, granola bars and granola bites; Snack foods, namely, granola bars; Snack foods, namely, granola clusters or granola balls; Ready-to-eat cereal derived food
bars; Soft baked cookies; Ready-to-eat granola; Granola based snack foods; Granola based cereals |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/00/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/00/2018 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
12/12/2018 |
GOODS AND/OR SERVICES SECTION (030) (proposed) |
INTERNATIONAL CLASS |
030 |
TRACKED TEXT DESCRIPTION |
(1(b) and 44(d)) Cakes; frozen cakes; Individually packaged,
single serve cakes; Crackers; Cheese crackers; Savoury crackers; Baking chocolate;
Chocolate chips; Chocolate chunks; (1(a) and 44(d)) Rice-based snack food, namely, squares; Breakfast cereals; Ready-to-eat cereals; Cereal bars and breakfast bars; Cereal bars
and granola-based breakfast bars; Snack bars composed of fruit and cereals; Snack bars composed primarily of cereals and
also containing dried fruits; Baked snacks, namely, granola bars and granola bites; Snack foods, namely, granola bars; Snack foods, namely, granola clusters or granola balls; Ready-to-eat cereal derived food bars; Soft baked cookies; Ready-to-eat granola; Granola based snack foods; Granola based cereals |
FINAL DESCRIPTION |
(1(b) and 44(d)) Cakes; frozen cakes; Individually packaged, single serve cakes; Crackers; Cheese crackers; Savoury crackers; Baking
chocolate; Chocolate chips; Chocolate chunks; (1(a) and 44(d)) Rice-based snack food, namely, squares; Breakfast cereals; Ready-to-eat cereals; Cereal bars and granola-based breakfast bars; Snack
bars composed primarily of cereals and also containing dried fruits; Baked snacks, namely, granola bars and granola bites; Snack foods, namely, granola bars; Snack foods, namely, granola clusters or
granola balls; Ready-to-eat cereal derived food bars; Soft baked cookies; Ready-to-eat granola; Granola based snack foods; Granola based cereals |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/00/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/00/2018 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\884\630\88463065\xml1\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\884\630\88463065\xml1\ ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\884\630\88463065\xml1\ ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\884\630\88463065\xml1\ ROA0005.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\884\630\88463065\xml1\ ROA0006.JPG |
SPECIMEN DESCRIPTION |
photographs of point of purchase displays for Applicant's goods bearing the mark |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
12/12/2018 |
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. |
GOODS AND/OR SERVICES SECTION (032) (current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
(1(b) and 44(d)) Smoothies; Yogurt drinks; Fruit smoothies; Fruit juices |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
12/12/2018 |
GOODS AND/OR SERVICES SECTION (032) (proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
(1(b) and 44(d)) Smoothies; Yogurt drinks; Fruit
smoothies; Fruit juices |
FINAL DESCRIPTION |
(1(b) and 44(d)) Smoothies; Fruit smoothies; Fruit juices |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
12/12/2018 |
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. |
GOODS AND/OR SERVICES SECTION (029)(class added) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
yogurt drinks |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935711 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN FILING DATE |
12/12/2018 |
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. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Please see Applicant's response attached. |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
mis-16224823482-20200331113450517631_._ResponseText_Filed033120.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\630\88463065\xml1\ROA0007.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\630\88463065\xml1\ROA0008.JPG |
CORRESPONDENCE INFORMATION (current) |
NAME |
Christopher J. Hussin |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
docket_chussin@boardmanclark.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
docket@ledgleylaw.com |
DOCKET/REFERENCE NUMBER |
59010-23 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Christopher J. Hussin |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
docket_chussin@boardmanclark.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
docket@ledgleylaw.com |
DOCKET/REFERENCE NUMBER |
59010-23 |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Nima Fotovat/ |
SIGNATORY'S NAME |
Nima Fotovat |
SIGNATORY'S POSITION |
President |
SIGNATORY'S PHONE NUMBER |
4168203546 |
DATE SIGNED |
03/31/2020 |
RESPONSE SIGNATURE |
/chris hussin/ |
SIGNATORY'S NAME |
Christopher J. Hussin |
SIGNATORY'S POSITION |
Attorney of record, Wisconsin bar member |
DATE SIGNED |
03/31/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Mar 31 17:06:09 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20200331170609747394-8846
3065-7106e6d2d8d6417ee6a3
facec046ce850ea8080b0cfc5
e63b0fc77abdf132189-CC-06
081082-202003311134505176
31 |
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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88463065 TRUST IN SOMETHING GOOD(Standard Characters, see http://uspto.report/TM/88463065/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 030 for (1(b) and 44(d)) Cakes; frozen cakes; Individually packaged, single serve cakes; Crackers; Cheese crackers; Savoury crackers; Baking chocolate; Chocolate chips;
Chocolate chunks; (1(a) and 44(d)) Rice-based snack food, namely, squares; Breakfast cereals; Ready-to-eat cereals; Cereal bars and breakfast bars; Snack bars composed of fruit and cereals; Baked
snacks, namely, granola bars and granola bites; Snack foods, namely, granola bars; Snack foods, namely, granola clusters or granola balls; Ready-to-eat cereal derived food bars; Soft baked cookies;
Ready-to-eat granola; Granola based snack foods; Granola based cereals
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and
is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate
control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services
to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935711 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: (1(b) and 44(d)) Cakes;
frozen cakes;
Individually packaged, single serve cakes;
Crackers;
Cheese crackers;
Savoury crackers;
Baking chocolate;
Chocolate
chips;
Chocolate chunks;
(1(a) and 44(d)) Rice-based snack food, namely, squares;
Breakfast cereals;
Ready-to-eat cereals;
Cereal bars and breakfast bars;
Cereal bars and granola-based breakfast
bars;
Snack bars composed of fruit and cereals;
Snack bars composed primarily of cereals and also containing dried
fruits;
Baked snacks, namely, granola bars and granola bites;
Snack foods, namely, granola bars;
Snack foods, namely,
granola clusters or granola balls;
Ready-to-eat cereal derived food bars;
Soft baked cookies;
Ready-to-eat
granola;
Granola based snack foods;
Granola based cerealsClass 030 for (1(b) and 44(d)) Cakes; frozen cakes; Individually packaged, single
serve cakes; Crackers; Cheese crackers; Savoury crackers; Baking chocolate; Chocolate chips; Chocolate chunks; (1(a) and 44(d)) Rice-based snack food, namely, squares; Breakfast cereals; Ready-to-eat
cereals; Cereal bars and granola-based breakfast bars; Snack bars composed primarily of cereals and also containing dried fruits; Baked snacks, namely, granola bars and granola bites; Snack foods,
namely, granola bars; Snack foods, namely, granola clusters or granola balls; Ready-to-eat cereal derived food bars; Soft baked cookies; Ready-to-eat granola; Granola based snack foods; Granola based
cereals
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 030. The specimen(s) submitted consists of photographs of point of purchase displays for Applicant's goods bearing the mark.
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935711 filed 12/12/2018]. 15 U.S.C.Section
1126(d), as amended.
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.
Applicant proposes to amend the following:
Current: Class 032 for (1(b) and 44(d)) Smoothies; Yogurt drinks; Fruit smoothies; Fruit juices
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate
control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services
to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935711 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: (1(b) and 44(d)) Smoothies;
Yogurt drinks;
Fruit smoothies;
Fruit juicesClass 032 for (1(b) and 44(d)) Smoothies; Fruit smoothies; Fruit juices
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935711 filed 12/12/2018]. 15 U.S.C.Section
1126(d), as amended.
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 029 for yogurt drinks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935711 filed 12/12/2018]. 15 U.S.C.Section
1126(d), as amended.
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.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: RIVERSIDE NATURAL FOODS LTD., a corporation of Canada, having an address of
2720 Steeles Avenue West
Toronto, Ontario, L4K4N5
Canada
Proposed: RIVERSIDE NATURAL FOODS LTD., a corporation of Canada, having an address of
2720 Steeles Avenue West
Toronto, Ontario, L4K4N5
Canada
Email Address: tmapplicant@boardmanclark.com
Correspondence Information (current):
Christopher J. Hussin
PRIMARY EMAIL FOR CORRESPONDENCE: docket_chussin@boardmanclark.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@ledgleylaw.com
The docket/reference number is 59010-23.
Correspondence Information (proposed):
Christopher J. Hussin
PRIMARY EMAIL FOR CORRESPONDENCE: docket_chussin@boardmanclark.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@ledgleylaw.com
The docket/reference number is 59010-23.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
ADDITIONAL STATEMENTS
Miscellaneous Statement
Please see Applicant's response attached.
Original PDF file:
mis-16224823482-20200331113450517631_._ResponseText_Filed033120.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: 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, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise
or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Nima Fotovat/ Date: 03/31/2020
Signatory's Name: Nima Fotovat
Signatory's Position: President
Signatory's Phone Number: 4168203546
Response Signature
Signature: /chris hussin/ Date: 03/31/2020
Signatory's Name: Christopher J. Hussin
Signatory's Position: Attorney of record, Wisconsin bar member
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Christopher J. Hussin
Boardman & Clark LLP
1 S. Pinckney St., Ste. 410
Madison, Wisconsin 53703
Mailing Address: Christopher J. Hussin
Boardman & Clark LLP
1 S. Pinckney St., Ste. 410
Madison, Wisconsin 53703
RAM Sale Number: 88463065
RAM Accounting Date: 03/31/2020
Serial Number: 88463065
Internet Transmission Date: Tue Mar 31 17:06:09 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202003311706097
47394-88463065-7106e6d2d8d6417ee6a3facec
046ce850ea8080b0cfc5e63b0fc77abdf132189-
CC-06081082-20200331113450517631