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: 88475857

Filing Date: 06/17/2019

To the Commissioner for Trademarks:

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

The applicant, RJ Schinner Co., Inc., a corporation of Wisconsin, having an address of
      N89 W14700 Patrita Drive
      Menomonee Falls, Wisconsin 53051
      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:

       International Class 006:  Metal foils for packaging and wrapping; Aluminum foil; Metal towel dispensers; Metal napkin dispensers

In International Class 006, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/00/2016, and first used in commerce at least as early as 07/00/2016, 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) Image of goods bearing the mark.
Specimen File1
Specimen File2

       International Class 008:  Plastic cutlery, namely, knives, forks, and spoons; Disposable place setting kits consisting of plastic flatware and napkins; Disposable cutlery, namely, plastic cutlery

In International Class 008, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Image of goods bearing the mark.
Specimen File1
Specimen File2

       International Class 016:  Paper towels; Paper napkins; Tissue paper; Paper and cardboard packaging containers for food and beverages; Packaging containers made of paper or cardboard; Paper trays for the food industry; Food wrapping plastic film; Plastic films used as packaging for food; Paper toilet seat covers

In International Class 016, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Image of goods bearing the mark.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

       International Class 020:  Plastic containers and covers for the food industry; Plastic trays for the food industry; Nonmetal towel dispensers; Nonmetal napkin dispensers

In International Class 020, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Image of goods bearing the mark.
Specimen File1
Specimen File2
Specimen File3

       International Class 021:  Paper plates; Food plates, bowls, and containers of bagasse and molded plant fiber; Plastic cups and cup lids; Paper cups; Insulating sleeve holders for beverage cups; Drinking straws; Beverage stirrers; Foodservice pans and containers of metal foil; Insulated containers for food or beverages; Paper dispensers, namely, for paper towels and tissues; Toilet paper dispensers; Disposable plastic gloves for use in the food service industry

In International Class 021, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Image of goods bearing the mark.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

       International Class 030:  Coffee; Sugar; Coffee condiment kits consisting of sugar and/or sugar substitutes, powdered non-dairy creamer, and stirrers

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/00/2016, and first used in commerce at least as early as 02/00/2016, 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) Image of goods bearing the mark.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4988998 and 5470985.

The applicant's current Attorney Information:
      Craig A. Fieschko and Joseph t. Leone; Charles S. Sara; Joseph T. Miotke of DeWitt LLP      2 E. Mifflin Street, Suite 600
      Madison, Wisconsin 53703
      United States
      608-395-6722(phone)
      6082529243(fax)
      cftm@dewittllp.com (authorized)
The attorney docket/reference number is 43933033.

The applicant's current Correspondence Information:

Craig A. Fieschko

DeWitt LLP

2 E. Mifflin Street, Suite 600

Madison, Wisconsin 53703

608-395-6722(phone)

6082529243(fax)

cftm@dewittllp.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 $1650 has been submitted with the application, representing payment for 6 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: /craigfieschko/   Date: 06/17/2019
Signatory's Name: Craig A. Fieschko
Signatory's Position: Attorney for Applicant, Wisconsin Bar Member
Payment Sale Number: 88475857
Payment Accounting Date: 06/17/2019

Serial Number: 88475857
Internet Transmission Date: Mon Jun 17 10:24:20 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019061710242017
2505-88475857-6205d9774cfa71780b27bdb320
9fb5895a983f0c2858e5096e759f8fc769de3-CC
-9566-20190617095919367686