Trademark/Service Mark Application, Principal Register
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
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
030
*IDENTIFICATION
Mixes for making tea; Mixes for making herbal tea; Mixes for making tea flavoured primarily with nuts, fruits and spices; Beverages made of
tea; Beverages made of herbal tea; Beverages made of tea consisting primarily of nuts, fruits and spices; Syrups for making tea; Syrups for making herbal tea; Syrups for making tea flavoured
primarily with nuts, fruits and spices; Sparkling tea; Sparkling herbal tea; Sparkling tea flavoured primarily with nuts, fruits and spices; Iced tea; Herbal iced tea; Iced tea flavoured primarily
with nuts, fruits and spices; Tea pods; Herbal tea pods; Pods of tea containing primarily nuts, fruits and spices
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.
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:90357311
Filing Date:12/03/2020
To the Commissioner for Trademarks:
MARK: FOREVER NUTS (Standard Characters, see mark)
The literal element of the mark consists of FOREVER NUTS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, DavidsTea Inc., a corporation of Canada, having an address of
5430 rue Ferrier
Mont-Royal, Quebec H4P1M2
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: Tea; Herbal tea; Tea consisting primarily of nuts, fruits and spices
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 11/30/2011, and first used in
commerce at least as early as 11/30/2011, 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) photo of mark used on goods; screen shots of goods available for purchase on the website http://www.davidstea.com/us_en/home/. JPG file(s): Specimen File1 Original PDF file: SPE0-17372157178-20201123 212618623721_._FOREVER_NU
TS_-_b.pdf Converted PDF file(s) (1 page) Specimen File1 Original PDF file: SPE0-17372157178-20201123 212618623721_._FOREVER_NU
TS_-_c.pdf Converted PDF file(s) (1 page) Specimen File1
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 2065183, filed 11/19/2020.
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 030: Mixes for making tea; Mixes for making herbal tea; Mixes for making tea flavoured primarily with nuts, fruits and spices; Beverages made of tea; Beverages made of
herbal tea; Beverages made of tea consisting primarily of nuts, fruits and spices; Syrups for making tea; Syrups for making herbal tea; Syrups for making tea flavoured primarily with nuts, fruits and
spices; Sparkling tea; Sparkling herbal tea; Sparkling tea flavoured primarily with nuts, fruits and spices; Iced tea; Herbal iced tea; Iced tea flavoured primarily with nuts, fruits and spices; Tea
pods; Herbal tea pods; Pods of tea containing primarily nuts, fruits and spices
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 2065183, filed 11/19/2020.
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.
For informational purposes only, applicant's website address is: http://www.davidstea.com/us_en/home/
The owner's/holder's proposed attorney information: Peter J. Riebling. Other appointed attorneys are Jutta M. Frankfurter. Peter J. Riebling of RIEBLING IP, PLLC, 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 1025
1717 Pennsylvania Avenue, N.W.
Washington, District of Columbia 20006
United States
202-631-2021(phone)
peter.riebling@rieblinglaw.com
The docket/reference number is 000333-00025.
Peter J. Riebling 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 hereby appoints Peter J. Riebling of RIEBLING IP, PLLC
1717 Pennsylvania Avenue, N.W.
Suite 1025
Washington District of Columbia 20006
United States
202-631-2021(phone)
peter.riebling@rieblinglaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.
The applicant's current Correspondence Information:
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).
Serial Number: 90357311
Internet Transmission Date: Thu Dec 03 16:42:08 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202012031642080
64450-90357311-75024a6ca7638738e42efa3ce
b98532e4a5d7cbbebab288d8b94781fa31479c0-
CC-42062280-20201123230524895645