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: 88625476

Filing Date: 09/20/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) yellow, orange, green, tan and red is/are claimed as a feature of the mark. The mark consists of the word LANCASTER with the letters formed by pieces of colored produce: the "L" is yellow bananas, the "A" (two occurrences) is orange carrots with green tops, the "N" is green open pea pods, the "C" is a tan crookneck squash, the "S" is red strawberries with green leaves, the "T" is green broccoli, the "E" is green asparagus, and the "R" is yellow corn with green husk.
The applicant, Lancaster Foods, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      7700 Conowingo Avenue
      Jessup, Maryland 20794
      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:

International Class 030:  salsa

In International Class 030, 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 12/15/2017, and first used in commerce at least as early as 12/15/2017, 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) product label.
Specimen File1

International Class 031:  fresh produce, namely fruits and vegetables, including sliced and prepared produce

In International Class 031, 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 12/15/2017, and first used in commerce at least as early as 12/15/2017, 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) product label.
Specimen File1



Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 06/01/1995, and in commerce at least as early as 06/01/1995.


The applicant hereby appoints Michael Culver. Michael Culver of Millen White Zelano & Branigan PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1400
      2200 Clarendon Blvd.
      Arlington, Virginia 22201
      United States
      703-243-6333(phone)
      703-243-6410(fax)
      culver@mwzb.com (authorized).
The attorney docket/reference number is GSI-15-T.
Michael Culver 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:

Michael Culver

Millen White Zelano & Branigan PC

Suite 1400       2200 Clarendon Blvd.

Arlington, Virginia 22201

703-243-6333(phone)

703-243-6410(fax)

culver@mwzb.com; docketing@mwzb.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 $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: /michaelculver/   Date: 09/20/2019
Signatory's Name: Michael Culver
Signatory's Position: Attorney of record
Payment Sale Number: 88625476
Payment Accounting Date: 09/20/2019

Serial Number: 88625476
Internet Transmission Date: Fri Sep 20 17:44:41 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019092017444142
5077-88625476-610f895abff4e7e5d33114b3a3
f73f7f95fd93d35c8ed4452ea9c4019aba13cde-
DA-44419665-20190920170832648840