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: 90446522

Filing Date: 01/04/2021

To the Commissioner for Trademarks:

MARK: CANDY CUBE (Standard Characters, see mark)
The literal element of the mark consists of CANDY CUBE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SUGARFINA IP LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1700 E WALNUT AVE
      EL SEGUNDO, California 90245
      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:  Candy; chocolates

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 00/00/2012, and first used in commerce at least as early as 00/00/2012, 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) website page.

Original PDF file:
SPE0-20912526-20210104103 146126231_._2021Specimen.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10

Webpage URL: http://www.sugarfina.com/candy/all-candy/candy-cubes#
Webpage Date of Access: 01/04/2021


Disclaimer
No claim is made to the exclusive right to use "CANDY" apart from the mark as shown.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-20912526-103146126_._ Supplemental_Registration.pdf
Converted PDF file(s) (2 pages)
2(f) evidence-1
2(f) evidence-2

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Austin Padgett. Austin Padgett of Troutman Pepper Hamilton Sanders LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      600 Peachtree St. NE, Suite 3000
      Atlanta, Georgia 30308
      United States
      404-885-3155(phone)
      4048853900(fax)
      trademarks@troutman.com
The docket/reference number is 251566.__.
Austin Padgett 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:

Austin Padgett

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): austin.padgett@troutman.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 $350 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: /Austin Padgett/   Date: 01/04/2021
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 404-885-3155
Signature method: Signed directly within the form
Payment Sale Number: 90446522
Payment Accounting Date: 01/04/2021

Serial Number: 90446522
Internet Transmission Date: Mon Jan 04 10:46:13 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202101041046139270
72-90446522-7605d3fe1f7cdf8fcf2a9c86f14c
2c1b6715a84ec3bc26f029f28be2d02d49de59-D
A-46139282-20210104103146126231