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)

---

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: 88797494

Filing Date: 02/14/2020

To the Commissioner for Trademarks:

MARK: SIMPLY ORGANIC (stylized and/or with design, see mark)
The literal element of the mark consists of SIMPLY ORGANIC. The color(s) blue, gold, white, green, lilac and purple is/are claimed as a feature of the mark. The mark consists of the word SIMPLY ORGANIC in green. To the left of the word "Simply" above the "O" in "organic" is a blue oval surrounded by a gold bow, all of which over a background of a white, lilac and purple circle surrounded by a light green arc, which in turn is surrounded by a dark green arc. A dark green plant stem with two light and dark green leaves comes up from the dark green arc through light green arc and into the white and purple circle below the wording.
The applicant, Mead Johnson & Company, a limited liability company legally organized under the laws of Delaware, having an address of
      2400 West Lloyd Expressway
      Evansville, Indiana 47721-0001
      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 005:  Infant formulas and food for infants; dietary, nutritional and food supplements; vitamin and mineral supplements; simulated and substitute breast milk formula in liquid and powder form for infants; electrolyte replenishment preparations; infant formula and foods in premeasured packets; milk-based infant formula; amino acid-based, soy-based, coconut-based, rice-based, nut-based, hemp-based and oat milk-based infant formula; all of the foregoing being organic.
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 029:  Milk-based drinks, namely, powdered and liquid milk drinks; milk substitutes, namely, amino acid-based, soy-based, coconut-based, rice-based, nut-based, hemp-based and oat-based milk substitutes in powdered and liquid form; powdered preparations for making milk beverages, specifically, milk powder; all of the foregoing being organic.
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 Mark Lerner, Esq.. Mark Lerner, Esq. of Duane Morris LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      230 Park Avenue - Suite 1130
      New York, New York 10169
      United States
      212-404-8714(phone)
      212 818-9606(fax)
      MALerner@duanemorris.com (authorized).
The attorney docket/reference number is S4888-00782.
Mark Lerner, 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:

Mark Lerner, Esq.

Duane Morris LLP

230 Park Avenue - Suite 1130

New York, New York 10169

212-404-8714(phone)

212 818-9606(fax)

MALerner@duanemorris.com; trademarks@duanemorris.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: /charlieeveritt/   Date: 02/14/2020
Signatory's Name: Charlie Everitt
Signatory's Position: VP GC Trademarks
Payment Sale Number: 88797494
Payment Accounting Date: 02/14/2020

Serial Number: 88797494
Internet Transmission Date: Fri Feb 14 10:18:14 EST 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020021410181435
2785-88797494-700293864e172976023c2c1960
7faeadc1a8e9744c47875d5277b7d9c2d899-DA-
18148702-20200213135301129415