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)

---

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: 90175376

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: QUEEN ST. BAKERY DELICIOUSLY SIMPLE DÉLICIEUSEMENT SIMPLE (stylized and/or with design, see mark)
The literal element of the mark consists of QUEEN ST. BAKERY DELICIOUSLY SIMPLE DÉLICIEUSEMENT SIMPLE. The applicant is not claiming color as a feature of the mark. The mark consists of the words QUEEN ST. in a stylized font, in the middle of a circle, whereby the circle provides a solid dark background contrasting with the words appearing in the mark. Centered underneath the words QUEEN ST. is the word BAKERY in a smaller, stylized font, with a dashed line on either side of the word BAKERY, and at the top of the circle are found the words DELICIOUSLY SIMPLE in a stylized font, in an arc formation following the shape of the top arc of the circle, and at the bottom of the circle are found the words DÉLICIEUSEMENT SIMPLE, in a stylized font, in an arc formation following the shape of the bottom arc of the circle.
The applicant, Queen St. Gluten Free Inc., a corporation of Canada, having an address of
      4425 Chesswood Dr.
      North York, ON M3J2C2
      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 030:  Gluten-free bread; gluten-free bread dough; gluten-free cookies; gluten-free pancake mix; gluten-free energy bars
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 2017562, filed 03/13/2020.
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: Lisa M. Melanson. Recognized Canadian attorney(s)/agent(s) is/are Amy Fong and Vincent Kam Sun Yip and Vilayphet S. Gallvitz. Lisa M. Melanson of c/o McCarthy Tétrault 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
      Suite 2400
      745 Thurlow Street
      Vancouver, BC V6E0C5
      Canada
      416-601-7595(phone)
      604-622-5656(fax)
      van-ipdocketing@mccarthy.ca
The docket/reference number is 223950536328.
Lisa M. Melanson 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:

Lisa M. Melanson

PRIMARY EMAIL FOR CORRESPONDENCE: van-ipdocketing@mccarthy.ca        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): van-ipdocketing@mccarthy.ca 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: /Tony Ayala/   Date: 09/11/2020
Signatory's Name: Tony Ayala
Signatory's Position: President
Payment Sale Number: 90175376
Payment Accounting Date: 09/11/2020

Serial Number: 90175376
Internet Transmission Date: Fri Sep 11 18:34:51 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20200911183451501
209-90175376-750db18be26f06e79b79030415e
254bc471f872fb5268da4dea7d1bb6618f6f6-DA
-34511378-20200909180525335607