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: 88466539

Filing Date: 06/10/2019

To the Commissioner for Trademarks:

MARK: POPPIN' WITH FLAVOR (Standard Characters, see mark)
The mark in your application is POPPIN' WITH FLAVOR.


The applicant, Mastronardi Produce Ltd., a corporation of Canada, having an address of
      c/o Dinsmore & Shohl LLP
      900 Wilshire Drive, Suite 300
      Troy, Michigan 48084
      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 031:  Berries, fresh; Fresh berries; Fresh blueberries; Fresh fruit; Fruit, fresh
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. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1967806, filed 06/07/2019.
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.




The applicant's current Attorney Information:
      Gary W. Donohue of Dinsmore & Shohl LLP      900 Wilshire Drive Suite 300
      Troy, Michigan 48084
      United States
      248-647-6000(phone)
      248-647-2510(fax)
      michiganpattm@dinsmore.com (authorized)
The attorney docket/reference number is 205373-619.

The applicant hereby appoints Gary W. Donohue of Dinsmore & Shohl LLP
      900 Wilshire Drive Suite 300
      Troy Michigan 48084
      United States
      248-647-6000(phone)
      248-647-2510(fax)
      michiganpattm@dinsmore.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:

Gary W. Donohue

Dinsmore & Shohl LLP

900 Wilshire Drive Suite 300

Troy, Michigan 48084

248-647-6000(phone)

248-647-2510(fax)

michiganpattm@dinsmore.com (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: /gary.w.donohue/   Date: 06/10/2019
Signatory's Name: Gary W. Donohue
Signatory's Position: Attorney for Applicant, Michigan Bar Member
Signatory's Phone Number: 248-647-6000
Payment Sale Number: 88466539
Payment Accounting Date: 06/11/2019

Serial Number: 88466539
Internet Transmission Date: Mon Jun 10 14:49:56 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20190610144956933
977-88466539-6201cc99d22b99bc3a66ce99729
c68671fc31e9eaa9e1d4be734a6ab439c60d539-
CC-1151-20190610140712003234