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: 88802224

Filing Date: 02/19/020

To the Commissioner for Trademarks:

MARK: ELITE (Standard Characters, see mark)
The literal element of the mark consists of ELITE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Elite Dairy Ltd., a corporation of Canada, having an address of
      123 McCormack St.
      Toronto, Ontario M6N1X8
      Canada
      trademarks@verrilldana.com

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 products excluding ice cream, ice milk and frozen yogurt; Powdered milk for food purposes; Milk beverages with cocoa; Milk; Milk beverages; Buttermilk; Chocolate milk; Sour cream; Cheese; Butter; Yogurt; Yogurt drinks; Yogurt-based beverages; Kefir; Cream, being dairy products; Dairy-based spreads; Dairy-based powders for making dairy-based food beverages and shakes; Dairy-based beverages; Dairy-based food beverages; Dairy-based dips; Dairy-based chocolate food beverages; Whipped topping, dairy based; Dairy-based food beverages also containing cocoa; Coffee whiteners consisting principally of dairy products
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.
Based on Foreign Registration: 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, and submits a copy of Canada registration number TMA835,969, and/or proof of renewal, registered 11/07/2012 with a renewal date of __________ and an expiration date of 11/07/2027, and translation thereof, if appropriate.

Original PDF file:
reg-71255147146-104739041_._Canada_Certificate_of_Registration.No.TMA835969.ELITE.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2




The owner's/holder's proposed attorney information: Charles P. Bacall. Other appointed attorneys are All attorneys associated with Verrill Dana, LLP, including Kelly A. Donahue, John W. Powell, Robert L. Hover, Seth Coburn, and Sara Hirshon. Charles P. Bacall of Verrill Dana, 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 Portland Square
      Portland, Maine 04101
      United States
      trademarks@verrill-law.com
The docket/reference number is 42654-5469.
Charles P. Bacall 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:

Charles P. Bacall

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@verrill-law.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cbacall@verrill-law.com; apaquette@verrill-law.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /KAD/   Date: 02/19/2020
Signatory's Name: Kelly A. Donahue
Signatory's Position: Partner of Attorney of Record
Payment Sale Number: 88802224
Payment Accounting Date: 02/19/2020

Serial Number: 88802224
Internet Transmission Date: Wed Feb 19 11:30:16 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202002191130167
33907-88802224-710a059971a3367f35b6d315c
c765ef85517b647aa8ccc86f5b4e94c2dd925364
8-DA-30166981-20200219104739041728