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: 90360064

Filing Date: 12/04/2020

To the Commissioner for Trademarks:

MARK: SUNNY C (Standard Characters, see mark)
The literal element of the mark consists of SUNNY C. 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 fruits and vegetables

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 03/31/2018, and first used in commerce at least as early as 03/31/2018, 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) screen shot of goods available for purchase on the website http://www.davidstea.com/us_en/home/; photo of mark used on goods.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-17372157178-20201123 233245181701_._SUNNY_C_-_ a.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 2065326, 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 fruits and vegetables; Beverages made of tea; Beverages made of herbal tea; Beverages made of tea consisting primarily of fruits and vegetables; Syrups for making tea; Syrups for making herbal tea; Syrups for making tea flavoured primarily with fruits and vegetables; Sparkling tea; Sparkling herbal tea; Sparkling tea flavoured primarily with fruits and vegetables; Iced tea; Herbal iced tea; Iced tea flavoured primarily with fruits and vegetables; Tea pods; Herbal tea pods; Pods of tea containing primarily fruits and vegetables
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 2065326, 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 000333-00029.
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:

Peter J. Riebling

PRIMARY EMAIL FOR CORRESPONDENCE: peter.riebling@rieblinglaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@rieblinglaw.com; file.room@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.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: /sarah segal/   Date: 12/04/2020
Signatory's Name: Sarah Segal
Signatory's Position: Chief Brand Officer
Payment Sale Number: 90360064
Payment Accounting Date: 12/04/2020

Serial Number: 90360064
Internet Transmission Date: Fri Dec 04 16:40:39 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202012041640392
47731-90360064-7502abd58487c4dae98ff75c3
abbbfde0cabaed7792a2831c6ea1f6e8c67a64d1
-CC-40378077-20201123233245181701