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: 88613559

Filing Date: 09/11/2019

To the Commissioner for Trademarks:

MARK: EQUAL EXCHANGE FAIRLY TRADED (stylized and/or with design, see mark)
The literal element of the mark consists of EQUAL EXCHANGE FAIRLY TRADED. The mark consists of on the left, two "E" shaped characters facing inward toward one another to form the images of one upward and one downward pointing arrow, and on the right the word EQUAL in uppercase letters and the word EXCHANGE beneath that word also in uppercase letters, and the phrase FAIRLY TRADED in upper case letters beneath that word.
The applicant, Equal Exchange, Inc., a corporation of Massachusetts, having an address of
      50 United Drive
      West Bridgewater, Massachusetts 02379
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 031:  Fresh avocados

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 031, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/31/2013, and first used in commerce at least as early as 12/31/2013, 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) two photographs of the registrant's mark affixed to avocados, one full view and one close-up view.
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4108631, 3342648, 3419089, and others.

For informational purposes only, applicant's website address is: http://www.beyondthepeel.com/avocado/
The applicant hereby appoints Thomas F. Dunn. Thomas F. Dunn of Culhane Meadows PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 700
      60 State Street
      Boston, Massachusetts 02109
      United States
      617-999-4681(phone)
      tmdocket@culhanemeadows.com (authorized).

Thomas F. Dunn submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Thomas F. Dunn

Culhane Meadows PLLC

Suite 700       60 State Street

Boston, Massachusetts 02109

617-999-4681(phone)

tmdocket@culhanemeadows.com; tdunn@culhanemeadows.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or 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 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: /Robert S. Everts/   Date: 09/11/2019
Signatory's Name: Robert S. Everts
Signatory's Position: President
Signatory's Phone Number: 617-999-4681
Payment Sale Number: 88613559
Payment Accounting Date: 09/11/2019

Serial Number: 88613559
Internet Transmission Date: Wed Sep 11 20:14:40 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2019091120144013
4434-88613559-610e187d654cdedfc14ccf4062
cfd7c5e8783d89186938b2fde3d1505b3431e8-C
C-14382296-20190911124712219654