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: 90300257

Filing Date: 11/05/2020

To the Commissioner for Trademarks:

MARK: MONAGHAN (stylized and/or with design, see mark)
The literal element of the mark consists of MONAGHAN. The applicant is not claiming color as a feature of the mark. The mark consists of the word MONAGHAN in sans serif lower case type with a circular device comprising radial strokes of various sizes radiating from a circular void at its center.
The applicant, Monaghan Mushrooms Ireland Unlimited Company, a private unlimited company legally organized under the laws of Ireland, having an address of
      Tyholland
      Monaghan H18FW95
      Ireland
      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 001:  Compost, manures, fertilizers; horticultural growing media composts; potting compost; organic composts; compost as fertilizer; compost activators; compost mixtures enriched with organic substances; chemical additives for compost

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 United Kingdom application number UK00003546007, filed 10/20/2020.
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.


International Class 029:  Prepared mushrooms; processed mushrooms; preserved mushrooms; dried edible mushrooms; processed fungi; mushroom based meat substitutes; prepared meals consisting principally of mushrooms; snack foods based on mushrooms

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 United Kingdom application number UK00003546007, filed 10/20/2020.
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.


International Class 031:  Unprocessed mushrooms; Raw mushrooms; Fresh mushrooms; Fresh edible mushrooms; Fungi; spores and spawn for agricultural purposes; mushroom spawn for propagation

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 United Kingdom application number UK00003546007, filed 10/20/2020.
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: Jeffrey C. Joyce. Jeffrey C. Joyce of Eaton Peabody, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      P.O. Box 15235
      Portland, Maine 04112
      United States
      207-274-5266(phone)
      ipdocket@eatonpeabody.com
The docket/reference number is 34972.18.
Jeffrey C. Joyce 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:

Jeffrey C. Joyce

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@eatonpeabody.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Kate Scott/   Date: 11/05/2020
Signatory's Name: Kate Scott
Signatory's Position: Group Marketing Manager
Payment Sale Number: 90300257
Payment Accounting Date: 11/05/2020

Serial Number: 90300257
Internet Transmission Date: Thu Nov 05 10:39:09 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20201105103909451
328-90300257-7501f49a74c2da4d7f45b9df5e6
afe99d299a16817fd3d43edc8ccace7bba369d4-
DA-39092865-20201027142252632184