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: 90455547

Filing Date: 01/08/2021

To the Commissioner for Trademarks:

MARK: II (Standard Characters, see mark)
The literal element of the mark consists of II. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Freshii One LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      Suite 426
      27 North Wacker
      Chicago, Illinois 60606
      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 005:  Vitamins; gummie vitamins; supplements; food supplements; nutritional supplements, namely oils; herbal supplements; probiotic supplements; vitamin supplements; mineral supplements; nutritional supplements; dietary supplements; protein supplements; protein supplement shakes; anti-oxidant supplements; immune boosting elixirs; vitamin oils for human consumption; meal replacement bars and shakes; gluten free pasta, crackers, and cookies; dietary supplements in the nature of vitamin and mineral beverages; wheatgrass for use as a dietary supplement; ginger shots for use as a dietary supplement; fruit and / or vegetable shots for use as a dietary supplement
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.

International Class 029:  Yogurt based beverages; dairy based beverages; non-diary milk based beverages; cheese and cracker snack combinations; yogurt; frozen yogurt; yogurt and fruit parfaits; fruit based salads; legume salads; fruit and vegetable based salads; prepared salads; vegetable based salads; vegetable and chicken salads; chicken salads; tuna salads; antipasto salads; meat substitute based salads; fruit and cheese snack combinations; snack packs consisting of various combinations of ingredients, namely fruits, cheese, vegetables, pitas, crackers, or processed nuts; snack packs consisting of various combinations of food items; snack mixes consisting primarily of processed nuts; fruit based organic food bars; frozen, prepared, or packaged meals and snacks; frozen, prepared, or packaged meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared, or packaged meals consisting primarily of vegetables; frozen, prepared, or packaged meals consisting primarily of fruit; frozen, prepared, or packaged meals consisting primarily of vegetables and fruit; frozen, prepared, ready-to-eat, or packaged meals consisting primarily of meat substitutes
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.

International Class 030:  Kombucha beverages; kombucha tea; hummus based snack combinations; hummus and pita combinations; wrap sandwiches; sandwiches; grain based snacks; grain based salads; snack mixes; coffee; coffee based beverages; nitro coffee; tea; tea based beverages; ginger tea; frozen, prepared, or packaged meals consisting primarily of rice, pasta, quinoa, or grains; frozen, prepared, or packaged meals consisting primarily of whole grains and also including seeds, nuts or fruit
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.

International Class 031:  Hummus and vegetable combinations; vegetable snacks; fruits; 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.

International Class 032:  Energy drinks enhanced with vitamins, minerals, or nutrients; sports drinks enhanced with vitamins, minerals or nutrients; drinking water with vitamins; fresh and frozen vegetable smoothies; fresh and frozen fruit smoothies; fresh and frozen fruit and vegetable smoothies; smoothie kits; water beverages; fruit juices; fruit beverages; non-alcoholic carbonated beverages; carbonated waters; carbonated fruit flavored juices and beverages; lemonade; vegetable juices; green vegetable juices; coconut water beverages; non-alcoholic beverages, namely energy shots; ginger juice beverages; fruit and vegetable juices; fresh and frozen juice kits; fruit juices containing nutritional supplements; vegetable juices containing nutritional supplements; fruit juice shots; vegetable juice shots; fruit and vegetable juice shots
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.

International Class 035:  Retail store services for vitamins, supplements and health products; online retail store services for vitamins, supplements and health products; preparing customized vitamin and supplement combinations; vitamin and supplement subscription service
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6153632.


The owner's/holder's proposed attorney information: Nicole K. McLaughlin. Other appointed attorneys are Samuel W. Apicelli, Gregory P. Gulia, Christiane Campbell, Victoria Danta, Lauren Matturri, and Duane Morris LLP. Nicole K. McLaughlin of DUANE MORRIS 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
      30 South 17th Street
      Philadelphia, Pennsylvania 19103-4196
      United States
      215-979-1191(phone)
      215-689-4934(fax)
      nkmclaughlin@duanemorris.com
The docket/reference number is H3780-00009.
Nicole K. McLaughlin 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:

Nicole K. McLaughlin

PRIMARY EMAIL FOR CORRESPONDENCE: nkmclaughlin@duanemorris.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): idocketing@duanemorris.com; mlozada@duanemorris.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 $2100 has been submitted with the application, representing payment for 6 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: /Nicole K. McLaughlin/   Date: 01/08/2021
Signatory's Name: Nicole K. McLaughlin
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 215-979-1191
Signature method: Signed directly within the form
Payment Sale Number: 90455547
Payment Accounting Date: 01/08/2021

Serial Number: 90455547
Internet Transmission Date: Fri Jan 08 14:55:18 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202101081455188
81490-90455547-7602de044ef3586321a6f148c
d2d54a548b13a397ffae7e3aeaeb04a3db570d5f
1-DA-55188244-20210108142912720146