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: 88617290

Filing Date: 09/15/2019

To the Commissioner for Trademarks:

MARK: EARTH GROWN (stylized and/or with design, see mark)
The literal element of the mark consists of EARTH GROWN. The applicant is not claiming color as a feature of the mark. The mark consists of the word "Earth" with a leaf image above the "r" and the word "GROWN" directly below in a rectangle with the "O" in the word "GROWN" connecting to the bottom of the "r" in the word "Earth".
The applicant, ALDI Inc., a corporation of Illinois, having an address of
      1200 N. Kirk Road
      Batavia, Illinois 60510
      United States
      630-879-2130(phone)
      630-482-5687(fax)
      trademarks@smithlandmeier.com

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:  Vegan sour cream

In International Class 029, 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 07/09/2019, and first used in commerce at least as early as 07/09/2019, 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) photograph of packaging.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5771138 and 5739864.


The applicant hereby appoints Vincent J. Elders. Vincent J. Elders of Smith, Landmeier & Elders, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      309 Hamilton Street, Suite E
      Geneva, Illinois 60134
      United States
      630-232-2880(phone)
      630-232-2889(fax)
      trademarks@smithlandmeier.com (authorized).
The attorney docket/reference number is 22263.629.
Vincent J. Elders 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:

Vincent J. Elders

Smith, Landmeier & Elders, P.C.

309 Hamilton Street, Suite E

Geneva, Illinois 60134

630-232-2880(phone)

630-232-2889(fax)

trademarks@smithlandmeier.com (authorized). 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 $275 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: /Vincent J. Elders/   Date: 09/15/2019
Signatory's Name: Vincent J. Elders
Signatory's Position: Attorney of Record, Illinois bar member
Payment Sale Number: 88617290
Payment Accounting Date: 09/16/2019

Serial Number: 88617290
Internet Transmission Date: Sun Sep 15 15:03:50 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201909151503505
28432-88617290-6106ec1263669106722901615
fb42ed1b3f53ca7f393efaf0ee6c9d6b77e074da
-CC-03491090-20190915145759977358