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: 88821733

Filing Date: 03/05/020

To the Commissioner for Trademarks:

MARK: NUBU (stylized and/or with design, see mark)
The literal element of the mark consists of NUBU. The applicant is not claiming color as a feature of the mark. The mark consists of The word "nubu" in lower-case, with a heart symbol comprising the circle within the letter "b", all on a background comprised of a rectangle with two rounded corners.
The applicant, Mount Franklin Foods, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      1800 Northwestern Drive
      El Paso, Texas 79912
      United States
      915-833-1128(phone)
      bethp@mountfranklinfoods.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 030:  peanut brittle and other nut brittle; snacks containing peanut butter or other nut butters

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 02/26/2020, and first used in commerce at least as early as 02/26/2020, 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) photograph of the mark in use on product packaging containing the applicable product.
Specimen File1



Translation
The wording nubu has no meaning in a foreign language.

Miscellaneous Statement
Applicant is also the owner of the trademark for "Nubu" under Serial Number 88611681 (which has a slightly-different design).


The owner's/holder's proposed attorney information: Clyde A. Pine, Jr.. Clyde A. Pine, Jr. of Mounce, Green, Myers, Safi, Paxson & Galatzan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      100 N. Stanton, Suite 1000
      El Paso, Texas 79901
      United States
      915-532-2000 x506(phone)
      915-541-1597(fax)
      pine@mgmsg.com
The docket/reference number is 10904-102.
Clyde A. Pine, Jr. 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:

Clyde A. Pine, Jr.

PRIMARY EMAIL FOR CORRESPONDENCE: pine@mgmsg.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Clyde Pine/   Date: 03/05/2020
Signatory's Name: Clyde A. Pine, Jr.
Signatory's Position: Attorney of record, Texas bar member
Payment Sale Number: 88821733
Payment Accounting Date: 03/05/2020

Serial Number: 88821733
Internet Transmission Date: Thu Mar 05 08:47:41 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202003050847419
77310-88821733-710d263c9a0893e2e3fb94679
a5915cdf5fd1c36413a3ef73323124e8b35d5e52
-CC-47406099-20200305083851102985