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: 90065130

Filing Date: 07/21/2020

To the Commissioner for Trademarks:

MARK: DRAKE'S (stylized and/or with design, see mark)
The literal element of the mark consists of DRAKE'S. The color(s) white, light blue, orange and red is/are claimed as a feature of the mark. The mark consists of the top portion of a stylized white duck with an orange and red beak that is wearing a white chef's hat and orange neck scarf holding a white spoon in its left hand, appearing within an orange and light blue banner bearing the word "DRAKE'S" in white lettering.
The applicant, McKee Foods Kingman, Inc., a corporation of Arizona, having an address of
      2675 West Oatman Road
      Kingman, Arizona 86413
      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:

International Class 030:  Cakes, coffee cakes, donuts, pies, and cookies
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) 2139074, 0654219, and 4687413.


The owner's/holder's proposed attorney information: Sandra Edelman. Other appointed attorneys are Fara S. Sunderji, Sarah M. Robertson, Bruce R. Ewing. Sandra Edelman of Dorsey & Whitney 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
      51 West 52nd Street
      New York, New York 10019-6119
      United States
      212-415-9200(phone)
      212-953-7201(fax)
      ny.trademark@dorsey.com
The docket/reference number is 442064-00001.
Sandra Edelman 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:

Sandra Edelman

PRIMARY EMAIL FOR CORRESPONDENCE: ny.trademark@dorsey.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): edelman.sandra@dorsey.com; sunderji.fara@dorsey.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: /se/   Date: 07/21/2020
Signatory's Name: Sandra Edelman
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 90065130
Payment Accounting Date: 07/21/2020

Serial Number: 90065130
Internet Transmission Date: Tue Jul 21 16:46:58 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20200721164658240
290-90065130-740e8d269248c3b333716f8fd2a
1faeef808fa7bf7bb54d7ef0b3e757b2d64e2bc-
CC-46568865-20200721162151335173