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: 88909998

Filing Date: 05/11/020

To the Commissioner for Trademarks:

MARK: OZERY FAMILY BAKERY BOULANGERIE FAMILIALE SUPER SEED CRUNCH (stylized and/or with design, see mark)
The literal element of the mark consists of OZERY FAMILY BAKERY BOULANGERIE FAMILIALE SUPER SEED CRUNCH. The applicant is not claiming color as a feature of the mark. The mark consists of the letter "O" from the bottom of which a wheat sheaf grows to the outer part of the upper right hand side of the letter, next to the word "OZERY" which appears in a stylized font, on top of the stylized words "FAMILY BAKERY", on top of the stylized words "BOULANGERIE FAMILIALE", on top of the stylized word SUPER, on top of the stylized word SEED, on top of the stylized word CRUNCH, there being drawings of three seeds on each side of the word CRUNCH.
The applicant, Ozery's Pita Break Inc., a corporation of Canada, having an address of
      11 Director Court
      Vaughan, Ontario L4L4S5
      Canada
      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:

International Class 029:  Prepared seed-based snacks
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2026253, filed 05/05/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Stacy J. Grossman. Stacy J. Grossman of Law Office of Stacy J. Grossman PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      888 Seventh Avenue, 10th Floor
      New York, New York 10106
      United States
      212-873-6120(phone)
      stacy@stacygrossmanlaw.com

Stacy J. Grossman 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:

Stacy J. Grossman

PRIMARY EMAIL FOR CORRESPONDENCE: stacy@stacygrossmanlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipDocket@stacygrossmanlaw.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 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: /Stacy J. Grossman/   Date: 05/11/2020
Signatory's Name: Stacy J. Grossman
Signatory's Position: Attorney of Record, New York State Bar Member
Payment Sale Number: 88909998
Payment Accounting Date: 05/11/2020

Serial Number: 88909998
Internet Transmission Date: Mon May 11 14:20:33 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202005111420330
69661-88909998-7106a6e52d11db3fbe3349572
9490c64c40dca4e0577ac3728922c0c6b636e6ad
6b-CC-20314642-20200511135608643364