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: 90114960

Filing Date: 08/14/2020

To the Commissioner for Trademarks:

MARK: ORGANIC ASIAN FUSION (stylized and/or with design, see mark)
The literal element of the mark consists of ORGANIC ASIAN FUSION. The applicant is not claiming color as a feature of the mark. The mark consists of a leaf design above the words ORGANIC ASIAN FUSION.
The applicant, L. and S. Packing Co., Inc., a corporation of New York, having an address of
      101 Central Avenue
      E. Farmingdale, New York 11735
      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:  Marinades, sauces and ethnic sauces; Teriyaki sauce; General Tso sauce; sweet and sour sauce, dipping sauces; Asian sauces; Honey teriyaki sauce; salad dressing.

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/26/2016, and first used in commerce at least as early as 10/26/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photographs of packaging/labels for the goods showing the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

International Class 030:  Duck sauce.
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.



Miscellaneous Statement
The 10/26/2016 dates of first use anywhere and in commerce apply to Marinades, sauces and ethnic sauces; Teriyaki sauce; sweet and sour sauce; dipping sauces; Asian sauces. For the General Tso sauce, the date of first use anywhere is 10/26/2016 and first use in commerce is 12/07/2016. For the honey teriyaki sauce and salad dressing the first dates of use anywhere and in commerce are 8/13/2020.


The owner's/holder's proposed attorney information: Joseph S. Presta. Other appointed attorneys are all other attorneys at Nixon & Vanderhye, PC. Joseph S. Presta of Nixon & Vanderhye, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      11th Floor
      901 N. Glebe Rd.
      Arlington, Virginia 22203
      United States
      703-816-4000 x4042(phone)
      703-816-4100(fax)
      nixonptomail@nixonvan.com
The docket/reference number is JSP-3187-33.
Joseph S. Presta 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:

Joseph S. Presta

PRIMARY EMAIL FOR CORRESPONDENCE: nixonptomail@nixonvan.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsp@nixonvan.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: /Joseph S. Presta/   Date: 08/14/2020
Signatory's Name: Joseph S. Presta
Signatory's Position: Attorney for Applicant, VA bar member
Payment Sale Number: 90114960
Payment Accounting Date: 08/14/2020

Serial Number: 90114960
Internet Transmission Date: Fri Aug 14 14:44:57 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX7-202008141444575
56251-90114960-740ef3ae348b070a2a8ad9e4c
203bf6f2f6afa56bffb62ddb521b2047b8d77d5b
8-CC-44569880-20200814144240717828