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: 88791939

Filing Date: 02/10/2020

To the Commissioner for Trademarks:

MARK: DAILY HARVEST (Standard Characters, see mark)
The literal element of the mark consists of DAILY HARVEST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Daily Harvest, Inc., a corporation of Delaware, having an address of
      99 Hudson Street
      New York, New York 10013
      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 029:  Vegetable-based snack foods, bean-based snack foods, nut-based snack foods; Fruit-based snack foods; Processed chia seeds; prepackaged meals consisting primarily of fruit and seeds; prepackaged and prepared meals consisting primarily of processed legumes; coconut milk beverages flavored with ginger as a spice

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 06/01/2014, and first used in commerce at least as early as 11/00/2016, 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) Screenshot of website displaying the mark where the product is being offered for sale.

Original PDF file:
SPE0-63764866-20191217122832345114_._Daily_Harvest_Specimen.pdf
Converted PDF file(s) (12 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12

International Class 030:  Espresso drinks; Coffee drinks; Coffee, tea, cocoa; Coffee-based snack foods; Raw Oats; Rolled Oats; Steel Cut Oats; Unprocessed Oats; Prepackaged meals consisting primarily of oats; Cookie dough; Edible cookie dough not intended for baking; Frozen cookie dough; Confectioneries, namely, snack foods, namely, chocolate; Grain-based snack foods

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 06/01/2014, and first used in commerce at least as early as 05/15/2017, 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) Screenshot of website displaying the mark where the product is being offered for sale.

Original PDF file:
SPE0-63764866-20191217124238754819_._Daily_Harvest_Specimen.pdf
Converted PDF file(s) (12 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12

International Class 032:  Smoothie kits; Vegetable smoothies; Smoothies containing grains and oats; ginger based beverages

In International Class 032, 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 06/01/2014, and first used in commerce at least as early as 06/01/2014, 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) Screenshot of website displaying the mark where the product is being offered for sale.

Original PDF file:
SPE0-1-63764866-20191217122832345114_._Daily_Harvest_Specimen.pdf
Converted PDF file(s) (12 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5690150 and 4657785.


The applicant hereby appoints Margarita Wallach, Esq.. Margarita Wallach, Esq. of McCarter & English, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Worldwide Plaza
      825 Eighth Avenue, 31st Floor
      New York, New York 10019
      United States
      212-609-6800 x6819(phone)
      2126096921(fax)
      mwallach@mccarter.com (authorized).
The attorney docket/reference number is 130222.
Margarita Wallach, Esq. 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:

Margarita Wallach, Esq.

McCarter & English, LLP

Worldwide Plaza       825 Eighth Avenue, 31st Floor

New York, New York 10019

212-609-6800 x6819(phone)

2126096921(fax)

mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.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: /Rachel Drori/   Date: 02/10/2020
Signatory's Name: Rachel Drori
Signatory's Position: CEO
Payment Sale Number: 88791939
Payment Accounting Date: 02/10/2020

Serial Number: 88791939
Internet Transmission Date: Mon Feb 10 19:30:18 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202002101930183250
83-88791939-700574c56cd751233d35c2182ff2
db8440ad83ad821737c883825f13a89c312b-DA-
30183468-20200128104431384992