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: 88804940

Filing Date: 02/20/020

To the Commissioner for Trademarks:

MARK: XOXO BOTANICAL (Standard Characters, see mark)
The literal element of the mark consists of XOXO BOTANICAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Andrew Peller Limited, a corporation of Canada, having an address of
      697 South Service Road
      Grimsby, Ontario L3M4E8
      Canada
      docketing@brownrudnick.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 033:  wine; wine-based beverages
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 owner's/holder's proposed attorney information: Mark S. Leonardo. Other appointed attorneys are Robert J. Tosti, Adam M. Schoen, Thomas C. Meyers, Zachary D. Hyde, Benjamin D. Maggin, Daniel A. Palmer, Matthew P. York, Annie J. Knock and Christina M. Segro. Mark S. Leonardo of Brown Rudnick 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 Financial Center
      Boston, Massachusetts 02111
      United States
      617-856-8145(phone)
      617-543-3393(fax)
      ip@brownrudnick.com
The docket/reference number is 22333/1.
Mark S. Leonardo 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 S. Leonardo

PRIMARY EMAIL FOR CORRESPONDENCE: ip@brownrudnick.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mleonardo@brownrudnick.com; doakes@brownrudnick.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: /Mark Leonardo/   Date: 02/20/2020
Signatory's Name: Mark S. Leonardo
Signatory's Position: Attorney of record, Massachusetts Bar member
Payment Sale Number: 88804940
Payment Accounting Date: 02/20/2020

Serial Number: 88804940
Internet Transmission Date: Thu Feb 20 19:53:08 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020022019530823
2654-88804940-710b6535ab25f56e27b4b1b9ce
6477dd59e4756a8172253aa0ca2ea218a635eb8d
-DA-53083035-20200220183557883867