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: 88524333

Filing Date: 07/19/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of Zespri.
The color(s) light green, dark green, and red is/are claimed as a feature of the mark. The mark consists of a stylized fan design in alternating colors of light green and dark green above the stylized word ZESPRI in red above the a crescent shape of dark green and all enclosed in an outline. The outline is not part of the design, but is included to show the shape of the label the design will appear on.
The applicant, Zespri Group Limited, a limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      400 Maunganui Road
      Mount Maunganui South 3116
      New Zealand

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 016:  Printed matter related to agriculture and horticulture, namely, books and magazines; printed promotional materials, namely flyers, notebooks and brochures featuring and providing information in the field of agricultural and horticultural products; packaging materials made from paper, cardboard or plastic, namely bags, sheets, trays and boxes; books and booklets; stationery, namely paper, envelopes, pads, cards, letters, pens and pencils; photographs; printed instructional and teaching materials, namely guides, charts, manuals; printed publications, namely books, magazines, newsletters, newspapers
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.

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 New Zealand application number 1123150, filed 06/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 031:  Agricultural and horticultural products, namely, plants, seedlings and plant material; plant propagation material, namely cuttings, budwood and seeds; fresh fruits; kiwifruit
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.

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 New Zealand application number 1123150, filed 06/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The applicant's current Attorney Information:
      David J. Davis and Shima Roy, Rebecca Lederhouse and Danielle Benecke of Baker & McKenzie LLP
      Suite 5000
      300 East Randolph Street
      Chicago, Illinois 60601
      United States
      312-861-8019(phone)
      312-698-2123(fax)
      chiusptomail@bakermckenzie.com (authorized)
The attorney docket/reference number is 190402.

The applicant hereby appoints David J. Davis of Baker & McKenzie LLP
      Suite 5000
      300 East Randolph Street
      Chicago Illinois 60601
      United States
      312-861-8019(phone)
      312-698-2123(fax)
      chiusptomail@bakermckenzie.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:

David J. Davis

Baker & McKenzie LLP

Suite 5000       300 East Randolph Street

Chicago, Illinois 60601

312-861-8019(phone)

312-698-2123(fax)

chiusptomail@bakermckenzie.com;david.davis@bakermckenzie.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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 88524333
Payment Accounting Date: 07/22/2019

Serial Number: 88524333
Internet Transmission Date: Fri Jul 19 15:15:28 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190719151528
981756-88524333-6201d28a2702ae511cc27302
d3787f031f2ca8e82c820d9b257c147b2d9fa337
3-DA-1623-20190719150044825459