Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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.

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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.

Trademark/Service Mark Application, Principal Register

Serial Number: 90469417

Filing Date: 01/15/2021

To the Commissioner for Trademarks:

MARK: PRONEX (Standard Characters, see mark)
The literal element of the mark consists of PRONEX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Nexxus Foods Inc., a corporation of Canada, having an address of
      Suite 2500
      1155 René-Lévesque Blvd West
      Montreal, QUEBEC H3B2K4
      Canada
      703-816-4003(phone)
      703-816-4100(fax)
      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 029:  Proteins to be used in processed foods and sport nutrition as protein fortification
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 2040560, filed 07/17/2020.
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: Donna J. Bunton. Other appointed attorneys are Every attorney at law associated with NIXON & VANDERHYE P.C.. Donna J. Bunton of NIXON & VANDERHYE P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      901 North Glebe Road, 11th Floor
      Arlington, Virginia 22203
      United States
      703-816-4003(phone)
      703-816-4100(fax)
      nixonptomail@nixonvan.com
The docket/reference number is DJB/163-75.
Donna J. Bunton 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:

Donna J. Bunton

PRIMARY EMAIL FOR CORRESPONDENCE: nixonptomail@nixonvan.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): djb@nixonvan.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: /Donna J. Bunton/   Date: 01/15/2021
Signatory's Name: Donna J. Bunton
Signatory's Position: Attorney for Applicant (VA Bar Member)
Signatory's Phone Number: 703-816-4003
Signature method: Signed directly within the form
Payment Sale Number: 90469417
Payment Accounting Date: 01/15/2021

Serial Number: 90469417
Internet Transmission Date: Fri Jan 15 16:50:05 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202101151650052
69989-90469417-760b4c0477bde8b3add33a27c
68e7a1ec91d5bf9b691a75e9f07a5c8e370dabef
9-CC-50028247-20210115163919564573