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)

---

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: 88510570

Filing Date: 07/11/2019

To the Commissioner for Trademarks:

MARK: CREAM OF EARL GREY (Standard Characters, see mark)
The mark in your application is CREAM OF EARL GREY.


The applicant, DAVIDsTEA INC., a corporation of Canada, having an address of
      5430 Ferrier
      Mont-Royal, Quebec H4P1M2
      Canada
      +1-(phone)
      peter.riebling@rieblinglaw.com (not authorized)

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 030:  Tea

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/31/2008, and first used in commerce at least as early as 12/31/2011, 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) photo of label applied to product packaging.
Specimen File1


For informational purposes only, applicant's website address is: http://www.davidstea.com/us_en/home/
The applicant's current Attorney Information:
      Peter J. Riebling and Jutta M. Frankfurter of Riebling IP, PLLC
      Suite 1025
      1717 Pennsylvania Avenue, N.W.
      Washington, District of Columbia 20006-3951
      United States
      202-631-2021(phone)
      2025599163(fax)
      peter.riebling@rieblinglaw.com (authorized)
The attorney docket/reference number is 320520-00009.

The applicant hereby appoints Peter J. Riebling of Riebling IP, PLLC
      1717 Pennsylvania Avenue, N.W.
      Suite 1025
      Washington District of Columbia 20006-3951
      United States
      202-631-2021(phone)
      2025599163(fax)
      peter.riebling@rieblinglaw.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:

Peter J. Riebling

Riebling IP, PLLC

Suite 1025       1717 Pennsylvania Avenue, N.W.

Washington, District of Columbia 20006-3951

202-631-2021(phone)

2025599163(fax)

peter.riebling@rieblinglaw.com;docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com; File.Room@rieblinglaw.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: /Frank Zitella/   Date: 07/11/2019
Signatory's Name: Frank Zitella
Signatory's Position: Chief Financial Officer
Signatory's Phone Number: +1-
Payment Sale Number: 88510570
Payment Accounting Date: 07/12/2019

Serial Number: 88510570
Internet Transmission Date: Thu Jul 11 18:56:02 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XXX-201907111856023
76901-88510570-62026bfb33d6e689ff2c6aee7
eb5f13584e28df3f26fd936f4bd7eff9ef976337
d-CC-5325-20190709110416047688