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: 88838077

Filing Date: 03/17/020

To the Commissioner for Trademarks:

MARK: REAL MUSHROOMS 100% PURE + ORGANIC (stylized and/or with design, see mark)
The literal element of the mark consists of REAL MUSHROOMS 100% PURE + ORGANIC. The color(s) brown, green, and black is/are claimed as a feature of the mark. The mark consists of several brown circles of varying sizes, laid out in the shape of a mushroom, some of which are connected by straight brown lines. To the right of the mushroom shape are the words REAL in green and MUSHROOMS in black. The words 100% PURE + ORGANIC appear in brown underneath REAL MUSHROOMS.
The applicant, North American Reishi Ltd, a corporation of Canada, having an address of
      926 Joe Road
      Roberts Creek, BC V0N2W6
      Canada
      applicant@lozaip.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 005:  Dietary and nutritional supplements containing mushrooms; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Herbal supplements; Nutraceuticals for use as a dietary supplement; Nutritional supplements; Powdered nutritional supplement concentrate; all of the foregoing containing mushrooms

In International Class 005, 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 10/29/2018, and first used in commerce at least as early as 10/29/2018, 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) website printout showing use of the mark in connection with a display associated with the goods and on the product packaging.

Original PDF file:
SPE0-98119586-20200317182349516031_._005_5_Defenders_Mushroom_Extract.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

International Class 030:  Snack foods, namely, chocolate based food bars

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 12/13/2019, and first used in commerce at least as early as 12/13/2019, 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) website printout showing use of the mark in connection with a display associated with the goods and on the product packaging.

Original PDF file:
SPE0-98119586-20200317182349516031_._030_Organic_Mushroom_Chocolate_Bar.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4661349.


The owner's/holder's proposed attorney information: Holly J. Bayne, Esq.. Other appointed attorneys are Christina S. Loza. Holly J. Bayne, Esq. of LAW OFFICE OF BAYNE & ASSOCIATES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 900 South Bldg.
      601 Pennsylvania Ave., NW
      Washington, District of Columbia 20004
      United States
      202-220-3101(phone)
      202-639-8238(fax)
      holly@bayne-associates.com
The docket/reference number is BAYNE-201M.
Holly J. Bayne, 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:

Holly J. Bayne, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: holly@bayne-associates.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tina-pto@lozaip.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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Christina S. Loza/   Date: 03/17/2020
Signatory's Name: Christina S. Loza
Signatory's Position: Attorney of Record
Payment Sale Number: 88838077
Payment Accounting Date: 03/17/2020

Serial Number: 88838077
Internet Transmission Date: Tue Mar 17 20:25:24 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.X-202003172025247715
29-88838077-71082f4208d22ff38ca5b67d4858
0d1db98a5df058662bdc698e8fe51398ab3c7-CC
-25233432-20200317183700497811