TEAS Plus New 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

TEAS Plus Application

Serial Number: 88896510

Filing Date: 05/01/020

To the Commissioner for Trademarks:

MARK: MIDNIGHT EDITION (Standard Characters, see mark)
The literal element of the mark consists of MIDNIGHT EDITION. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, RIO VISTA, LIMITED, a partnership legally organized under the laws of California, having as partner(s) JEAN BYRUM FAMILY TRUST, GEORGE GIUMARRA, JR., A CITIZEN OF THE UNITED STATES, TRUSTEE; THE EDWARD & MIMI DORSEY FAMILY TRUST dated 6/02/2004, MIMI CORSARO DORSEY, A CITIZEN OF THE UNITED STATES, TRUSTEE; THE GIUMARRA REVOCABLE LIVING TRUST, ALFRED GIUMARRA, A CITIZEN OF THE UNITED STATES, TRUSTEE; GEORGE GIUMARRA, JR. TRUST, dated 12/19/90, GEORGE GIUMARRA, JR., A CITIZEN OF THE UNITED STATES, TRUSTEE; JOHN G. & SHIRLEY A. GIUMARRA TRUST 28, JOHN G. GIUMARRA, JR., A CITIZEN OF THE UNITED STATES, TRUSTEE; THE JOHN AND PAMELA GIUMARRA REVOCABLE TRUST, dated 4/11/95, JOHN G. GIUMARRA, JR., A CITIZEN OF THE UNITED STATES, TRUSTEE; JOSEPH GIUMARRA TRUST #1, SALVADORE GIUMARRA, A CITIZEN OF THE UNITED STATES, TRUSTEE; THE GARY AND JANET GIUMARRA FAMILY TRUST, dated 2/11/99, GARY M. AND LUCILLE J. GIUMARRA, BOTH CITIZENS OF THE UNITED STATES, TRUSTEES; SALVADORE & FLORENCE GIUMARRA SURVIVORS TRUST, SALVADORE GIUMARRA, A CITIZEN OF THE UNITED STATES, TRUSTEE; SALVADORE & FLORENCE GIUMARRA DECEDENTS TRUST, SALVADORE GIUMARRA, A CITIZEN OF THE UNITED STATES, TRUSTEE; GLORIA GIUMARRA TRUST, dated 10/31/90, GLORIA GIUMARRA, A CITIZEN OF THE UNITED STATES, TRUSTEE; THE MELINDA PLATER FAMILY TRUST, dated 8/27/2004, MELINDA J PLATER, A CITIZEN OF THE UNITED STATES, TRUSTEE; THE DAVID AND KAREN STANLEY FAMILY TRUST, dated 11/18/2004, DAVID F. STANLEY II, A CITIZEN OF THE UNITED STATES, TRUSTEE; DAVID F. STANLEY AND CAMILLE E. STANLEY REVOCABLE TRUST, dated 7/24/89, DAVID F. STANLEY, A CITIZEN OF THE UNITED STATES, TRUSTEE STEVEN STANLEY, A CITIZEN OF THE UNITED STATES, having an address of
      1601 E. Olympic Blvd, Suite 408
      Los Angeles, California 90021
      United States
      XXXX

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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 031:  Fresh fruits
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. (15 U.S.C. Section 1051(b)).



The owner's/holder's proposed attorney information: Thomas A. Dirksen. Thomas A. Dirksen of Attorney at Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      4607 Lakeview Canyon Road, Suite 117
      Westlake Village, California 91361
      United States
      805-370-9100(phone)
      805-435-1795(fax)
      trademarks@dirksenlaw.com
The docket/reference number is 2447 2263.
Thomas A. Dirksen 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:

Thomas A. Dirksen

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@dirksenlaw.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 $225 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 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: /thomas a dirksen/   Date: 04/30/2020
Signatory's Name: Thomas A. Dirksen
Signatory's Position: Attorney of Record, Member Calif. State Bar 178161
Signatory's Phone Number: 805-370-9100
Payment Sale Number: 88896510
Payment Accounting Date: 05/01/2020

Serial Number: 88896510
Internet Transmission Date: Fri May 01 02:47:27 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20200501024727
913221-88896510-7105a45119f5e2cc586ad898
75e459da84561eed146f38dc42c455a7325565dc
-CC-47267484-20200501023339989433