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: 88497193

Filing Date: 07/02/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of N WELNA.
The mark consists of an opaque quadrilateral curved on the right side, to the right of which is a stylized "N" inside an opaque circle, to the right of which is another opaque quadrilateral that is curved on the left side and the right side and contains the stylized wording "WELNA".
The applicant, Nisshin Seifun Group Inc., a corporation of Japan, having an address of
      25, Kanda-Nishiki-cho 1-chome,
      Chiyoda-ku, Tokyo 101-8441
      Japan

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:  Prepared meals and frozen prepared meals consisting principally of meat, fish, seafood, tofu, vegetables cheese, and/or eggs; prepared entrees and frozen pre-packaged entrees consisting primarily of meat; prepared entrees and frozen pre-packaged entrees consisting primarily of seafood; prepared and frozen prepared soy-based entrees; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; processed oils and fats for food; edible oils and edible fats; butter and butter substitutes; shortening; oil-based cooking spray; cream; milk products excluding ice cream, ice milk and frozen yogurt; fillings, pastes, and cream of meat; fillings, pastes, and cream of vegetables; fillings, pastes, and cream of peanut, almond, cashews, hazelnuts, and walnuts; fruit-based filling for cakes, pies, and pastry; meat, poultry and game; fish, not live; processed meat; processed fish; tempura meat, seafood and vegetables; eggs, processed eggs, and powdered eggs; potato salad; stews; instant or pre-cooked stew; pre-cooked curry stew; soups; preserved, frozen, dried and cooked vegetables and fruits; dried vegetables in powder form; raisins; prepared nuts; processed beans; food products made from soya beans, namely, tofu, deep fried tofu (atsu-age), fried tofu pieces (abura-age), freeze-dried tofu pieces (kohri-dofu), fermented soybeans (natto), soy pulp (okara), and soya milk; milk substitute; albumin milk; jellies for food; jelly made from devils' tongue root (konnyaku); bouillon and bouillon concentrates; whey; soup concentrates, soup cubes, and soup pastes for making hot pot dishes (nabenomoto); packaged ingredients consisting principally of soup concentrates with one or more of pre-cooked meat, fish, seafood, tofu, mushrooms and/or vegetables, for cooking Japanese rice bowl dishes (donnogu); packaged ingredients consisting principally of soup concentrates with one or more of pre-cooked meat, fish, seafood, mushrooms and/or vegetables, to be cooked with rice (takikomi gohannomoto); sweet red bean soups with pieces of mochi (oshiruko)
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:  Flour for food; wheat flour; tempura batter mix

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 01/31/2016, and first used in commerce at least as early as 02/28/2017, 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) digital photograph of goods in packaging bearing the mark.
Specimen File1

       International Class 030:  Noodles; noodle-based prepared meals; frozen meals, prepared meals, and packaged meals consisting primarily of pasta or rice; pasta; dried pasta, fresh pasta, frozen pasta, and cooked pasta; spaghetti; macaroni; ravioli; Japanese-style noodles, namely, udon, soba, cha soba, somen, yakisoba, and ramen noodles; pasta sauce; spaghetti sauce; mixes for bakery goods; mixes for making batters for fried foods; batter mixes for karaage (Japanese-style fried chickens); batter mixes for okonomiyaki (Japanese savoury pancakes); batter mixes for Japanese-style savoury pancake balls (takoyaki); dough mix; bread mixes; pastry mixes; pancake mixes; processed cereals; processed grains; processed bran; rice flour; buckwheat flour; soya flour; husked barley; husked oats; farinaceous food pastes for human consumption; malt for food purposes; malt extracts for food; wheat germ for human consumption; baking powder; baking soda; yeast; yeast extracts; food leavening agents; gluten additives for culinary purposes; food starch; fermented liquid food flavourings, other than essential oils; food flavorings, other than essential oils; cooking sauces; tomato sauce; pizza sauces; sauce mixes; ready-made sauces for making hot pot dishes (nabenomoto); mayonnaise; ketchup; salad dressings; mustard; vinegar; salt; seasonings; spices; brine for cooking; fermenting malted rice (koji); meat tenderizers for household purposes; curry pastes, curry powder, and curry sauce; risotto; cooked rice; rice porridge (okayu); chocolate-based fillings for confectionery and bakery; custard-based fillings for confectionery and bakery; buttercream fillings for cakes; pastry cream; custard; almond paste; sugar; natural sweeteners; molasses; pancake syrup; okonomiyaki (Japanese savory pancakes), frozen and unfrozen; takoyaki (Japanese savory pancake balls filled with diced octopus), frozen and unfrozen; flour-based dumplings; pasta-wrappings for spring roll and gyoza; spring rolls; steamed buns stuffed with minced meat (niku-manjuh); sandwiches; sushi; frozen cooked au gratin entrees consisting primarily of pasta in cooking sauce; macaroni with cheese; bread; breadcrumbs (panko); dough; pastry dough; cereal-based snack food; bakery products; pastries; cookies; biscuits; crackers; cakes; pies; pancakes; waffles; churros; pizzas; quiches; confectionery made of sugar; ice cream; sherbets; ice cream mixes and sherbet mixes; instant dessert puddings; coffee; tea; green powdered tea (matcha); cocoa; artificial coffee; rice cakes; pounded rice cakes with azuki bean jam toppings (zenzai); taiyaki (Japanese fish-shaped cakes with various fillings): pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3888152, 4912275, 4975765, and others.

The applicant's current Attorney Information:
      Theodore R. Remaklus and Clement H. Luken, Jr., Thomas J. Burger, Gregory F. Ahrens, Wayne L. Jacobs, Kurt A. Summe, Keith R. Haupt, Thomas W. Humphrey, David H. Brinkman, P. Andrew Blatt, Ph.D., David E. Jefferies, Kathryn E. Smith, J. Dwight Poffenberger, Jr., John Paul Davis, Brett A. Schatz, Sarah Otte Graber, Randall S. Jackson, Jr., Stephen E. Gillen, Lori Krafte, Glenn D. Bellamy, Steven W. Benintendi, Ph.D., Charles H. Brown, III , David A. Fitzgerald, II, Paul J. Linden, Sean K. Owens, W. Scott Gaines, Jonathan M. Siderits, John H. Bieber, Charles D. Pfister, David J. Josephic, Bruce Tittel, David S. Stallard, J. Robert Chambers, Kenneth B. Germain, Michael G. Frey of Wood, Herron & Evans, L.L.P.
      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
      513-241-2324(phone)
      5132416234(fax)
      tremaklus@whe-law.com (authorized)
The attorney docket/reference number is SHG-442-122.

The applicant hereby appoints Theodore R. Remaklus of Wood, Herron & Evans, L.L.P.
      2700 Carew Tower
      441 Vine Street
      Cincinnati Ohio 45202
      United States
      513-241-2324(phone)
      5132416234(fax)
      tremaklus@whe-law.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:

Theodore R. Remaklus

Wood, Herron & Evans, L.L.P.

2700 Carew Tower       441 Vine Street

Cincinnati, Ohio 45202

513-241-2324(phone)

5132416234(fax)

tremaklus@whe-law.com;usptodock@whe-law.com; bdrambarean@whe-law.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: /theodore r remaklus/   Date: 07/02/2019
Signatory's Name: Theodore R. Remaklus
Signatory's Position: Attorney for Applicant, Ohio bar member
Payment Sale Number: 88497193
Payment Accounting Date: 07/02/2019

Serial Number: 88497193
Internet Transmission Date: Tue Jul 02 07:13:19 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201907020713190
53255-88497193-6204c787a9d903fc97b183bd7
0d8c4d65564418b244052304caa46cbfeda9f29-
CC-8334-20190702064956396437