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: 88678517

Filing Date: 11/04/2019

To the Commissioner for Trademarks:

MARK: 80 VITASOY (stylized and/or with design, see mark)
The literal element of the mark consists of 80 VITASOY. The applicant is not claiming color as a feature of the mark. The mark consists of a five-leaf design above a curved line above the number 80, which is above Chinese Characters above the word VITASOY in stylized lettering, which is above Chinese characters and the number 80.
The applicant, Vitasoy International Holdings Limited, a corporation of Hong Kong, having an address of
      1 Kin Wong Street
      Tuen Mun
      Hong Kong

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:  Milk, eggs; beverages consisting primarily of milk; nut milk; rice milk; bean-based milk for use as a milk substitute; wheat milk; oat milk; grain milk; coconut milk; almond milk; milk-based beverages with chocolate; soymilk, soya bean based food beverage used as a milk substitute; soya bean milk in liquid and solid form, and milk substitutes; tofu; soya bean curd; soy-based food products, namely, sausage, cheese, yogurt, preserves namely jellies, jams and marmalades, puddings and desserts, namely, custard and ice cream; meats, fish (not live), poultry (not live) and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; edible oils and fats; preserves namely jellies, jams and marmalades; preparations made from soya bean curd or protein for making soya milk; food products made from textured vegetable protein derived from soya beans namely sausage, cheese, yogurt, meats, fish, poultry, game, and meat substitutes; food products derived from nuts, legumes, herbs, fruits or vegetables namely, noodles, pasta, puddings, cheese, and meat substitutes; vegetable based dips; soya-based meat substitutes; vegetarian sausage.
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.

International Class 030:  Coffee; tea; cocoa; sugar; tapioca; sago; artificial coffee; flour and preparations made from cereals namely, cereal bars; food products derived from cereals and grains namely flour, oatmeal, barley; bread, biscuits, cakes, pastry and confectionery namely, confectionery chips for baking, pastilles, confectionery made of sugar; edible ices; honey; treacle; yeast, baking-powder; salt; mustard; pepper; vinegar; sauces being condiments; spices; salad dressings; mayonnaise; ice cream; tea and tea based drinks; coffee and coffee based drinks; coffee substitutes; cocoa and chocolate based drinks; seasonings; custard.
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.

International Class 032:  Beer, ale and porter; mineral and aerated waters; syrups and other preparations namely, powders, extracts, and concentrates for making beverages; extracts of vegetables as beverages; soy-based beverages not being milk substitutes; drinking water and mineralized water; black bean beverages not being milk substitutes; oat beverages not being milk substitutes; sesame beverages not being milk substitutes; rice beverages not being milk substitutes; coconut beverages not being milk substitutes; almond beverages not being milk substitutes; fruit drinks; vegetable drinks; herbal juices; cereal-based beverages; legume-based beverages; nut-based beverages; grain-based beverages; soya bean-based, fruit-based, vegetable-based, herbal-based, cereal-based, legume-based, nut-based, and grain-based syrups, powders, extracts, concentrates and other preparations for making carbonated and non-carbonated non-alcoholic drinks and beverages; non-alcoholic beverages containing plant-based juices, namely, soy bean juices, rice juices, black bean juices, coconut juices, almond juices, sesame juices, and oat juices; non-alcoholic plant-based extracts used in the preparation of beverages, namely soy bean extracts, rice extracts, black bean extracts, coconut extracts, almond extracts, sesame extracts, and oat extracts; non-alcoholic plant juice beverages, namely soy beverages, rice beverages, black bean beverages, coconut beverages, almond beverages, sesame beverages, and oat beverages; fruit drinks and fruit juices; vegetable drinks and vegetable juices; soft drinks.
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.



Transliterations
The non-Latin characters in the mark transliterate to Wei Ta Nai, exist, grow, endless, 80 years and this means VITASOY, continue to grow and prosper for 80 years in English.


The applicant hereby appoints Suzanne M. Hengl. Other appointed attorneys are Paul J. Reilly, Robert C. Scheinfeld, Daniel J. Hulseberg, Paul A. Ragusa, Neil P. Sirota, Eric J. Faragi, Sandra S. Lee, Steven P. Lendaris, Robert L. Maier, Jeremy Merling, Jennifer C. Tempesta, Julie B. Albert, Elizabeth Rucki and Tyler Beas. Suzanne M. Hengl of BAKER BOTTS L.L.P., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      30 Rockefeller Plaza, 44th Floor
      New York, New York 10112-4498
      United States
      212-408-2500(phone)
      212-408-2501(fax)
      nytmdpt@bakerbotts.com (authorized).
The attorney docket/reference number is 070098.1702.
Suzanne M. Hengl 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:

Suzanne M. Hengl

BAKER BOTTS L.L.P.

30 Rockefeller Plaza, 44th Floor

New York, New York 10112-4498

212-408-2500(phone)

212-408-2501(fax)

nytmdpt@bakerbotts.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: /Tong Ah Hing/   Date: 11/04/2019
Signatory's Name: Tong Ah Hing
Signatory's Position: Company Secretary
Payment Sale Number: 88678517
Payment Accounting Date: 11/04/2019

Serial Number: 88678517
Internet Transmission Date: Mon Nov 04 06:42:45 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.X.XXX-20191104064245154
970-88678517-70077d779b66ab19d49d268782b
6b59e02910799af7b62175d12c126649bd0a4-DA
-42441903-20191101150533703092