Trademark/Service Mark Application, Principal Register
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
Pizza; snack foods, namely, cereal and rice based snack foods, namely, snack foods containing or consisting of dough, pasta, pastry, pizza,
garlic bread and garlic fingers, and dough enrobed snack foods consisting of a dough-based wrapper with pizza filling; appetizers, namely, appetizers having a cereal and rice base, namely, appetizers
containing or consisting of dough, pasta, pastry, pizza, garlic bread, and garlic fingers, and dough enrobed appetizers consisting of a dough-based wrapper with pizza fillings; frozen and prepared
desserts, namely, bakery goods, bakery desserts, pies, cakes, pastries, French toast, waffles, fruit and ice cream pies, and frozen confections; frozen and prepared pastries; ice cream; frozen
prepared meals, namely, meals containing or consisting primarily of pasta, pizza or rice; breakfasts foods, namely, French toast, pancakes, waffles, cereals, oatmeal and creamed wheat cereals;
prepared sandwiches, namely, filled wraps and bread with filling; prepared meals and entrees, namely, cereal and rise based prepared meals and entrees, namely, entrees containing or consisting of
pasta, pizza, rice, sandwiches, and dough enrobed entrees consisting of dough-based wrapper with pizza filling; and powders and mixes used in preparation of non-alcoholic tea beverages, soft drinks
and smoothies; taquitos, spring rolls, quesadilla rolls, dumplings, samosas; frozen and prepared non-dairy desserts, namely, desserts made of fruits, frozen fruits, and fruit salad; appetizers made
from vegetables, meat, fish, poultry, cheese, and potato, namely, taquitos, spring rolls, quesadilla rolls, dumplings, samosas; sauces used as dips
Food services, namely, wholesale distributorship services featuring foods for use in food service channels of trade, namely, services provided
to retailers and wholesalers in providing foods for subsequent resale; vending machine services featuring food
Ryan L. Bergeron, April M. Capati, Albert J. Chen, Si Chen; Melanie A. Chernoff, Orville R. Cockings, Harvey L Cohen, Robert B. Cohen,
Alyssa N. D'Antonio, Jonathan A. David, Sidney David, William A Di Bianca, Jeffrey S. Dickey, Aaron S. Eckenthal, Russell W. Faegenburg, Gregory S. Gewirtz, Keith E. Gilman, Stephen B. Goldman,
Kendall K. Gurule; Charles H. Humkey, Kelly Y. Hwang, Joseph H. Karlin, Charles P. Kennedy, Paul H. Kochanski, Kevin M. Kocun, David J. Kohn, Arnold H. Krumholz, Elizabeth A. Lafferty, Daniel P.
Laine, Andrew T. Lane, David G. Leach, Joseph S. Littenberg; Stephen M. Lund, Keith J. McWha, Mitesh Mehta, William L. Mentlik, Marcus J. Millet, John R. Nelson, Nahoko Ono, Thomas M. Palisi, Gregg
A. Paradise, Wilfred V. Patrick, Bruno Polito, Gregory M. Reilly, Natalie S. Richer, Jordan T. Riviello; Stephen F. Roth, Christian E. Samay, Scott R. Samay, Bruce H. Sales, Dennis M. Smid, Alexander
Solo, Michael H. Teschner, Brian R. Tomkins, Tedd W. Van Buskirk, Joseph K. Venier, James A. Vezeris, Lingyan Wang, and Roy H. Wepner
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:88582024
Filing Date:08/16/2019
To the Commissioner for Trademarks:
MARK: MCCAIN (stylized and/or with design, see mark)
The literal element of the mark consists of MCCAIN. The applicant is not claiming color as a feature of the mark. The mark consists of "McCain" in script across a rising sun behind a field with trees
and birds flying overhead with one flying bird dotting the "i".
The applicant, MCCAIN FOODS LIMITED, a corporation of Canada, having an address of
8800 MAIN STREET, FLORENCEVILLE-BRISTOL
NEW BRUNSWICK E7L1B2
Canada
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: Processed potato and potato products, namely, mashed, dried, instant, baby potatoes; processed potato specialties, namely, crisps, chips, diced hash browns, potato
skins and shells, stuffed potato skins and shells, potato croquettes, instant potato flakes, mashed potato mix and peeled potatoes; snack foods, namely, meat, fish, poultry, meat extracts, fruit,
vegetables, egg, cheese, and potato based snack foods; snack foods made from meat, fish, poultry, cheese, and potato, namely, hash brown sticks, breaded and battered onion straws, battered cheese,
cheese sticks, pates and seafood mousses; appetizers, namely, meat, fish, poultry, meat extracts, fruits, vegetables, egg, cheese, and potato based appetizers; appetizers made from meat, fish,
poultry, cheese, and potato, namely, hash brown sticks, breaded and battered onion rings and straws, battered cheese, cheese sticks, pates and seafood mousses; dips, namely, meat, seafood, and
vegetable based dips, dairy based dips, and snack food dips; fruits and vegetables, namely, frozen, chilled, dehydrated, battered and processed fruits; frozen prepared meals, namely, frozen or
chilled prepared meals containing or consisting primarily of vegetables, meat, poultry, potatoes, eggs, cheese, fish, or seafood; potato pancakes; hash brown; breakfast patties containing primarily
eggs and also containing meat, vegetables or cheese; prepared meals and entrees, namely, prepared meals and entrees based on meat, fish, seafood, poultry, meat extracts, fruits, vegetables, eggs,
potato, or cheese; and soups
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.
Based on Foreign Registration: 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 submits a copy of
Canada registration number TMA1,048,758, and/or proof of renewal, registered 08/13/2019 with a renewal date of __________ and an expiration date of 08/13/2029, and translation thereof, if
appropriate.
International Class 030: Pizza; snack foods, namely, cereal and rice based snack foods, namely, snack foods containing or consisting of dough, pasta, pastry, pizza, garlic bread and garlic
fingers, and dough enrobed snack foods consisting of a dough-based wrapper with pizza filling; appetizers, namely, appetizers having a cereal and rice base, namely, appetizers containing or
consisting of dough, pasta, pastry, pizza, garlic bread, and garlic fingers, and dough enrobed appetizers consisting of a dough-based wrapper with pizza fillings; frozen and prepared desserts,
namely, bakery goods, bakery desserts, pies, cakes, pastries, French toast, waffles, fruit and ice cream pies, and frozen confections; frozen and prepared pastries; ice cream; frozen prepared meals,
namely, meals containing or consisting primarily of pasta, pizza or rice; breakfasts foods, namely, French toast, pancakes, waffles, cereals, oatmeal and creamed wheat cereals; prepared sandwiches,
namely, filled wraps and bread with filling; prepared meals and entrees, namely, cereal and rise based prepared meals and entrees, namely, entrees containing or consisting of pasta, pizza, rice,
sandwiches, and dough enrobed entrees consisting of dough-based wrapper with pizza filling; and powders and mixes used in preparation of non-alcoholic tea beverages, soft drinks and smoothies;
taquitos, spring rolls, quesadilla rolls, dumplings, samosas; frozen and prepared non-dairy desserts, namely, desserts made of fruits, frozen fruits, and fruit salad; appetizers made from vegetables,
meat, fish, poultry, cheese, and potato, namely, taquitos, spring rolls, quesadilla rolls, dumplings, samosas; sauces used as dips
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.
Based on Foreign Registration: 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 submits a copy of
Canada registration number TMA1,048,758, and/or proof of renewal, registered 08/13/2019 with a renewal date of __________ and an expiration date of 08/13/2029, and translation thereof, if
appropriate.
International Class 031: Fresh potatoes, baby potatoes, and sweet potatoes; chilled fresh potatoes, baby potatoes, and sweet potatoes; and packaged fresh potatoes, baby potatoes, and sweet
potatoes
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.
Based on Foreign Registration: 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 submits a copy of
Canada registration number TMA1,048,758, and/or proof of renewal, registered 08/13/2019 with a renewal date of __________ and an expiration date of 08/13/2029, and translation thereof, if
appropriate.
International Class 035: Food services, namely, wholesale distributorship services featuring foods for use in food service channels of trade, namely, services provided to retailers and
wholesalers in providing foods for subsequent resale; vending machine services featuring food
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.
Based on Foreign Registration: 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 submits a copy of
Canada registration number TMA1,048,758, and/or proof of renewal, registered 08/13/2019 with a renewal date of __________ and an expiration date of 08/13/2029, and translation thereof, if
appropriate.
The applicant hereby appoints PAUL H. KOCHANSKI. Other appointed attorneys are Ryan L. Bergeron, April M. Capati, Albert J. Chen, Si Chen; Melanie A. Chernoff, Orville R. Cockings, Harvey L Cohen,
Robert B. Cohen, Alyssa N. D'Antonio, Jonathan A. David, Sidney David, William A Di Bianca, Jeffrey S. Dickey, Aaron S. Eckenthal, Russell W. Faegenburg, Gregory S. Gewirtz, Keith E. Gilman, Stephen
B. Goldman, Kendall K. Gurule; Charles H. Humkey, Kelly Y. Hwang, Joseph H. Karlin, Charles P. Kennedy, Paul H. Kochanski, Kevin M. Kocun, David J. Kohn, Arnold H. Krumholz, Elizabeth A. Lafferty,
Daniel P. Laine, Andrew T. Lane, David G. Leach, Joseph S. Littenberg; Stephen M. Lund, Keith J. McWha, Mitesh Mehta, William L. Mentlik, Marcus J. Millet, John R. Nelson, Nahoko Ono, Thomas M.
Palisi, Gregg A. Paradise, Wilfred V. Patrick, Bruno Polito, Gregory M. Reilly, Natalie S. Richer, Jordan T. Riviello; Stephen F. Roth, Christian E. Samay, Scott R. Samay, Bruce H. Sales, Dennis M.
Smid, Alexander Solo, Michael H. Teschner, Brian R. Tomkins, Tedd W. Van Buskirk, Joseph K. Venier, James A. Vezeris, Lingyan Wang, and Roy H. Wepner. PAUL H. KOCHANSKI of Lerner, David,
Littenberg, Krumholz & Mentlik, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
600 South Avenue West
Westfield, New Jersey 07090
United States
908-654-5000(phone)
908-654-7866(fax)
trademarkadmin@lernerdavid.com (authorized).
The attorney docket/reference number is MCCLTD.169.
PAUL H. KOCHANSKI submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of
Columbia and any U.S. Commonwealth or territory).
The applicant hereby appoints PAUL H. KOCHANSKI of Lerner, David, Littenberg, Krumholz & Mentlik, LLP
600 South Avenue West
Westfield New Jersey 07090
United States
908-654-5000(phone)
908-654-7866(fax)
trademarkadmin@lernerdavid.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.
The applicant's current Correspondence Information:
Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the
email address provided in this application. I understand that a valid email 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 $1100 has been submitted with the application, representing payment for 4 class(es).
Declaration
Declaration Signature
Signature: /Paul H. Kochanski/ Date: 08/16/2019
Signatory's Name: PAUL H. KOCHANSKI
Signatory's Position: Attorney of Record, New Jersey Bar Member
Payment Sale Number: 88582024
Payment Accounting Date: 08/16/2019
Serial Number: 88582024
Internet Transmission Date: Fri Aug 16 15:10:42 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201908161510421
47218-88582024-610dd6134d9ce61c29557c098
119b112f8d88144d59582f58356886646f3f4371
-CC-10410230-20190816114317640398
