Application

PTO- 1478

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

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

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

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90494106

Filing Date: 01/28/2021

To the Commissioner for Trademarks:

MARK: THE MIDDLEBY CORPORATION (Standard Characters, see mark)
The literal element of the mark consists of THE MIDDLEBY CORPORATION. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The Middleby Corporation, a corporation of Delaware, having an address of
      1400 Toastmaster Drive
      Elgin, Illinois 60120
      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 035:  consulting services in the field of commercial foodservice, beverage, food processing, and baking equipment; consulting and advisory services in the areas of commercial foodservice, beverage, food processing, and baking equipment innovation and development strategies; providing information in the fields of residential and commercial cooking, cooking automation, foodservice, beverage, food processing, and baking equipment innovation processes and development; consulting services in the field of product consistency, labor reduction and management, and natural resource management
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 040:  manufacturing services; manufacturing services in the field of restaurant, foodservice, food, and beverage equipment; manufacturing services in the field of commercial foodservice, beverage, food processing, and baking equipment; manufacture of cooking, cooking automation, foodservice, beverage, food processing, packaging, air purification, and baking equipment; manufacture of robots and artificial intelligence for use in the field of commercial cooking and foodservice; manufacture of waste management machines; manufacture of refrigeration equipment
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 042:  interior design services; interior design services in the nature of kitchen appliance consulting services; engineering; engineering design services; engineering and design services, namely, engineering and design of cooking, cooking automation, foodservice, beverage, food processing, packaging, air purification and baking equipment; engineering and design of robots, artificial intelligence, and augmented reality; engineering and design of internet of things solutions for use in commercial facilities, namely, restaurants, convenience stores, and retailers; engineering and design of waste management machines; engineering and design of refrigeration equipment; consulting services in the field of engineering, engineering design, and manufacturing; equipment design services; equipment design services in the field of restaurant, foodservice, food, and beverage equipment
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 043:  consulting services in the field of restaurant management, configuration, labor, organization, and appliance selection; consulting services in the field of food and beverage
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.



The owner's/holder's proposed attorney information: Emily T. Kappers. Other appointed attorneys are Jeffery A. Handelman, David S. Fleming, Howard S. Michael, Andrew J. Avsec, Virginia W. Marino, Jennifer Theis, Fan Cheng, and Dalton Hughes. Emily T. Kappers of Brinks Gilson & Lione, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 10395
      Chicago, Illinois 60610
      United States
      officeactions@brinksgilson.com
The docket/reference number is 16005-2502.
Emily T. Kappers 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:

Emily T. Kappers

PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@brinksgilson.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hmichael@brinksgilson.com; ekappers@brinksgilson.com; rlamontagna@brinksgilson.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 $1400 has been submitted with the application, representing payment for 4 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: /Michael Thompson/   Date: 01/27/2021
Signatory's Name: Michael Thompson
Signatory's Position: Associate General Counsel
Signatory's Phone Number: 847-429-7792
Signature method: Sent to third party for signature
Payment Sale Number: 90494106
Payment Accounting Date: 01/28/2021

Serial Number: 90494106
Internet Transmission Date: Thu Jan 28 10:45:43 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021012810454349
4383-90494106-76049928159991b5e9d9eb7b1f
5753c2a1658d8fc5db97b9d6321bb18c57441e7-
DA-45433534-20210127115709708431