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: 88668941

Filing Date: 10/25/2019

To the Commissioner for Trademarks:

MARK: SECOND CUP COFFEE COMPANY (stylized and/or with design, see mark)
The literal element of the mark consists of SECOND CUP COFFEE COMPANY. The applicant is not claiming color as a feature of the mark. The mark consists of a square containing the abstract image of a steaming coffee cup above a horizontal line with a maple leaf appearing in the steam above the cup all centered between the words "SECOND CUP" at the top of the square and the words "COFFEE COMPANY" at the bottom of the square.
The applicant, The Second Cup Coffee Company Inc., a corporation of Canada, having an address of
      7250 Keele St., Suite 404
      Concord, Ontario L4K1Z8
      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 030:  Coffee; tea; espresso; coffee-based beverages; espresso-based beverages; tea-based beverages; prepared cocoa and cocoa-based beverages; ground and whole bean coffee; baked goods, namely, cakes, pound cakes, muffins, scones, cookies, croissants, biscotti, pastries, bagels, and breads; sandwiches; frozen yogurt

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 11/30/2015, and first used in commerce at least as early as 11/30/2015, 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) Photos of the goods bearing the mark.
Specimen File1
Specimen File2
Specimen File3

International Class 035:  Retail store services featuring coffee, tea and cocoa, packaged and prepared foods, baked goods, sandwiches, mugs, and insulated containers for beverages

In International Class 035, 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 11/30/2015, and first used in commerce at least as early as 11/30/2015, 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) A photograph of the retail premises offering the goods and services and displaying the mark.
Specimen File1

International Class 043:  Cafe services; coffee shops; food and beverage preparation; preparation of food and beverages for consumption off the premises; providing facilities for the consumption of food and beverages

In International Class 043, 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 11/30/2015, and first used in commerce at least as early as 11/30/2015, 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) Photo showing use of the mark in connection with the services.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2552932, 3694940, and 4807189.


The applicant hereby appoints Jeremy Blackowicz. Other appointed attorneys are Elizabeth A. Alquist, Richard H. Brown III, Alex P. Garens, Richard D. Harris, Christopher J. Hoolehan, Brandon McCool, Catherine Dugan O'Connor, Carrie Webb Olson, Ryan S. Osterweil, Philip F. Pacelli and Melanie J. Raubeson. Jeremy Blackowicz of Day Pitney 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
      One International Place
      Boston, Massachusetts 02110
      United States
      617-345-4665(phone)
      617-345-4745(fax)
      trademarks@daypitney.com (authorized).
The attorney docket/reference number is 793349-TBD.
Jeremy Blackowicz 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:

Jeremy Blackowicz

Day Pitney LLP

One International Place

Boston, Massachusetts 02110

617-345-4665(phone)

617-345-4745(fax)

trademarks@daypitney.com; cdoconnor@daypitney.com; jblackowicz@daypitney.com; gpajer@daypitney.com; tmrecords@daypitney.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 $825 has been submitted with the application, representing payment for 3 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: /JimRagas/   Date: 10/25/2019
Signatory's Name: Jim Ragas
Signatory's Position: President & CEO
Payment Sale Number: 88668941
Payment Accounting Date: 10/25/2019

Serial Number: 88668941
Internet Transmission Date: Fri Oct 25 13:38:12 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20191025133812
119192-88668941-610a5f417664d8c0f5d264a8
23ef1c55a8cc1170c49133524fbadea86c4971-D
A-38116683-20191016123311754189