Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: KIND (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88797001
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: KIND Management Inc., having an address of
      1372 Broadway
      New York, New York 10018
      United States
Proposed: KIND Management Inc., having an address of
      1372 Broadway
      New York, New York 10018
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 030:
Current identification: Cookies; whole grain meals, namely, breakfast and lunch packaged meals consisting primarily of fresh pasta, fresh rice and also containing fresh meats and vegetables; oatmeal; granola; ready to eat cereal; ready to eat hot cereal; yogurt covered fruit; quinoa-based food bars; cereal-based snack food clusters consisting primarily of whole grains and also containing other ingredients, namely, nuts, fruits, and seeds

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 either being permanently deleted or included in a Request to Divide: Cookies; whole grain meals, namely, breakfast and lunch packaged meals consisting primarily of fresh pasta, fresh rice and also containing fresh meats and vegetables; yogurt covered fruit; quinoa-based food bars

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: Oatmeal; granola; ready to eat cereal; ready to eat hot cereal; cereal-based snack food clusters consisting primarily of whole grains and also containing other ingredients, namely, nuts, fruits, and seeds
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/17/2020, and first used in commerce at least as early as 06/17/2020, 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) image of the mark used in connection with the goods.
Specimen File1


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Oatmeal (Class 030); granola (Class 030); ready to eat cereal (Class 030); ready to eat hot cereal (Class 030); cereal-based snack food clusters consisting primarily of whole grains and also containing other ingredients, namely, nuts, fruits, and seeds (Class 30)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Cookies (Class 030); whole grain meals, namely, breakfast and lunch packaged meals consisting primarily of fresh pasta, fresh rice and also containing fresh meats and vegetables (Class 030); yogurt covered fruit (Class 030); quinoa-based food bars (Class 030)
Correspondence Information (current):
      ROBERT H. NEWMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@loeb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rnewman@loeb.com; mjobs@loeb.com; asandmann@loeb.com
Correspondence Information (proposed):
      Robert H. Newman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@loeb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rnewman@loeb.com; mjobs@loeb.com; jjuettner@loeb.com

The docket/reference number is 230876-00141.

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.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


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: /Jason Moloff/      Date Signed: 12/09/2020
Signatory's Name: Jason Moloff
Signatory's Position: Marketing Director
Signatory's Phone: 13124643100

Request to Divide Signature


Signature: /Melaina Jobs/    Date: 12/09/2020
Signatory's Name: Melaina Jobs
Signatory's Position: Attorney of Record, Illinois Bar member

Signatory's Phone: 312-464-3100


RAM Sale Number: 88797001
RAM Accounting Date: 12/09/2020

Serial Number: 88797001
Internet Transmission Date: Wed Dec 09 15:30:05 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2020120915300577
7583-88797001-75073ed9293b60b7853456f3e1
42a2d6b69f42ffa1e02d7c5dd0bb8c1bd079c5-C
C-30036898-20201208145842533235