Amendment to Allege Use

PTO- 1553

Approved for use through 12/31/2020. OMB 0651-0054

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- 1553

Approved for use through 12/31/2020. OMB 0651-0054

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.

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: SUNFLOWER(Standard Characters, see http://uspto.report/TM/88961002/mark.png)
SERIAL NUMBER: 88961002


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Spero Foods, Inc., having an address of
      671 4th Street, Suite B
      Oakland, California 94607
      United States
      Email: XXXX
Proposed: Spero Foods, Inc., having an address of
      671 4th Street, Suite B
      Oakland, California 94607
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 029:
Current identification: Egg substitute; cream cheese substitute; cheese substitutes; non-dairy cheese; plant-based cream cheese; plant-based goat cheese; plant-based egg substitute; non-dairy based whipped topping; non-dairy yogurt; yogurt substitutes; milk substitutes; non-dairy creamer; butter substitute; non-dairy butter substitutes; nut-based butter substitutes; nut butters; seed butters, namely, sunflower, pumpkin, sesame, hemp, chia, and flax seed butters

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Egg substitute; plant-based egg substitute; non-dairy yogurt; yogurt substitutes; milk substitutes; non-dairy creamer; butter substitute; non-dairy butter substitutes; nut-based butter substitutes; nut butters; seed butters, namely, sunflower, pumpkin, sesame, hemp, chia, and flax seed butters; Salt; flavored salt; vegan ice cream; ice cream substitutes; frozen yogurt substitutes; non-dairy frozen confections; seasoning mixes; seasonings; food seasonings; spices

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: cream cheese substitute; cheese substitutes; non-dairy cheese; plant-based cream cheese; plant-based goat cheese; non-dairy based whipped topping;
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/00/2019, and first used in commerce at least as early as 12/00/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) product screenshot.
Specimen File1


Webpage URL: http://sperofoods.co/products/original-sunflower-cream-cheese
Webpage Date of Access: 01/11/2021

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      KRISTIN S. CORNUELLE
      PRIMARY EMAIL FOR CORRESPONDENCE: ipprosecution@orrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcornuelle@orrick.com; mweddington@orrick.com
Correspondence Information (proposed):
      Kristin S. Cornuelle
      PRIMARY EMAIL FOR CORRESPONDENCE: ipprosecution@orrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcornuelle@orrick.com; mweddington@orrick.com

The docket/reference number is 38451.6002.

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 $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Phaedra Randolph/      Date Signed: 01/20/2021
Signatory's Name: Phäedra Randolph
Signatory's Position: Founder & CEO
Signatory's Phone: n/a
Signature method: Sent to third party for signature

PAYMENT: 88961002
PAYMENT DATE: 01/21/2021

Serial Number: 88961002
Internet Transmission Date: Thu Jan 21 10:58:42 ET 2021
TEAS Stamp: USPTO/AAU-XX.XX.X.XXX-202101211058423134
74-88961002-76048f182d5e76db54bbf7493651
478d3ce180f122c29562b6cc149101f6720f7-DA
-58401768-20210111173912102262