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: 88664935

Filing Date: 10/23/2019

To the Commissioner for Trademarks:

MARK: EMBER (Standard Characters, see mark)
The literal element of the mark consists of EMBER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hollabaugh Bros., Inc., a corporation of Pennsylvania, having an address of
      545 Carlisle Rd.
      Biglerville, Pennsylvania 17307
      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 031:  Fresh fruit, namely, apples, including fresh apples and raw apples
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.



The applicant hereby appoints David W Wicklund. David W Wicklund of Shumaker, Loop & Kendrick, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1000 Jackson St.
      Toledo, Ohio 43604
      United States
      419-321-1213(phone)
      419-241-6894(fax)
      dwicklund@shumaker.com (authorized).

David W Wicklund 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:

David W Wicklund

Shumaker, Loop & Kendrick, LLP

1000 Jackson St.       1000 Jackson St.

Toledo, Ohio 43604

419-321-1213(phone)

419-241-6894(fax)

dwicklund@shumaker.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: /David W Wicklund/   Date: 10/23/2019
Signatory's Name: David W Wicklund
Signatory's Position: Attorney of record, Ohio Bar Number 0012109
Payment Sale Number: 88664935
Payment Accounting Date: 10/23/2019

Serial Number: 88664935
Internet Transmission Date: Wed Oct 23 10:46:56 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20191023104656859
124-88664935-6105d8861bc87d5fa3b8c2b64ee
f7a3dbab58950863456812cfb2cd4715028d-CC-
46555990-20191023103616821302