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: 88859574

Filing Date: 04/03/020

To the Commissioner for Trademarks:

MARK: MACADAMIA POWERED PARADISE MAUNA LOA (stylized and/or with design, see mark)
The literal element of the mark consists of MACADAMIA POWERED PARADISE MAUNA LOA. The mark consists of a design of a mountain above the words MACADAMIA POWERED PARADISE above the words MAUNA LOA.
The applicant, Mauna Loa Macadamia Nut Corporation, a corporation of Hawaii, having an address of
      500 Alakawa Street, Ste. 111
      Honolulu, Hawaii 96817
      United States
      808-848-0500(phone)
      trademarks@hawaiianhostgroup.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:  Candied nuts; Coffee-coated nuts; Flavored nuts; Processed nuts; Seasoned nuts; Non-dairy yogurt; Snacks foods and dips made from nuts; Nut clusters; Nut based chips; Nut-based milk; Nut butters; Nut oils for food
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 030:  Candies; Candy with caramel; Chocolate candies; Chocolate covered nuts; Confectioneries, namely, snack foods, namely, chocolate; Confectionery, namely, candy and chocolate; Non-dairy frozen desserts and confections; Coffee based dairy free beverages and frozen desserts; Crackers; Cookies; Shortbread biscuits; Granola and granola clusters;
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2683338, 2683419, 2778535, and others.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/26/1979, and in commerce at least as early as 11/26/1979.


The owner's/holder's proposed attorney information: Seth M. Reiss. Other appointed attorneys are Summer H. Kaiawe. Seth M. Reiss of Watanabe Ing 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
      999 Bishop Street, Suite 1250
      HONOLULU, Hawaii 96813
      United States
      808-544-8321(phone)
      808 544-8399(fax)
      sreiss@wik.com
The docket/reference number is 5558-21T.
Seth M. Reiss 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:

Seth M. Reiss

PRIMARY EMAIL FOR CORRESPONDENCE: sreiss@wik.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): skaiawe@wik.com; tlane@wik.com; trademark@wik.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: /seth m reiss/   Date: 04/03/2020
Signatory's Name: Seth M. Reiss
Signatory's Position: Attorney of record, Hawaii Bar member
Payment Sale Number: 88859574
Payment Accounting Date: 04/03/2020

Serial Number: 88859574
Internet Transmission Date: Fri Apr 03 19:21:13 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200403192113702
235-88859574-710b128514518caffc6e7d6c040
f83ffb2e7fc34b272a55499ff7db48c2dbb9aa8-
CC-21120331-20200403191830532570