Application

PTO- 1480

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- 1480

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

Certification Mark Form, Principal Register

Serial Number: 90499979

Filing Date: 01/31/2021

To the Commissioner for Trademarks:

MARK: BPI (Standard Characters, see mark)
The literal element of the mark consists of BPI. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, International Biodegradable Products Institute, Inc., a corporation of Delaware, having an address of
      #141
      888C 8th Ave.
      New York City, New York 10019
      United States
      845-357-6800(phone)
      8453574616(fax)
      XXXX

requests that the Certification Mark identified above be registered with the USPTO on the Principal Register for the following:

International Class A:  COMPOSTABLE POLYMERIC MATERIALS AND PRODUCTS, NAMELY, GARBAGE BAGS OF PLASTIC AND GARBAGE BAGS OF PLASTICS FOR HOUSEHOLD USE, GENERAL PURPOSE PLASTIC BAGS, TRASH OR GARBAGE BAGS, PLATES, CONTAINERS, CUPS, LIDS FOR CUPS, DRINKING STRAWS AND CUTLERY, PLASTIC BAGS FOR PACKAGING, PLASTIC FILM FOR PACKAGING, PLASTIC PELLETS FOR PACKAGING; COMPOSTABLE POLYMERIC MATERIALS AND PRODUCTS, NAMELY, CERTIFIED RAW MATERIALS AND INGREDIENTS USED BY MANUFACTURERS TO CREATE THE FOLLOWING GOODS, NAMELY, GARBAGE BAGS OF PLASTIC AND GARBAGE BAGS OF PLASTICS FOR HOUSEHOLD USE, GENERAL PURPOSE PLASTIC BAGS, TRASH OR GARBAGE BAGS, PLATES, CONTAINERS, CUPS, LIDS FOR CUPS, DRINKING STRAWS AND CUTLERY, PLASTIC BAGS FOR PACKAGING, PLASTIC FILM FOR PACKAGING, PLASTIC PELLETS FOR PACKAGING
Use in Commerce: The applicant is exercising legitimate control over the use of the certification mark in commerce by authorized users using the mark in commerce on or in connection with the identified goods/services. The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used by authorized persons in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark. The applicant submits a copy of the standards governing the use of the certification mark on or in connection with the goods/services in the application.

In International Class A, the mark was first used by persons authorized by the applicant, at least as early as 03/01/2001, and first used in commerce by persons authorized by the applicant at early as 03/01/2001, and is now in use in such commerce.The applicant is submitting one(or more) specimen(s) showing the mark as used by authorized persons in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photo of package for 32 oz deli containers, packaging for plates and cup that have been certified by applicant and use the Certification Mark. .
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: None Provided
Webpage Date of Access: None Provided
Copy of Standards

Original PDF file:
Standards1a-2418622246-14 1945162_._Agreement__2_.pdf
Converted PDF file(s) (40 pages)
Attachment-1
Attachment-2
Attachment-3
Attachment-4
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Attachment-32
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Attachment-38
Attachment-39
Attachment-40:
Certification Statement: Applicant is exercising legitimate control over the use of the certification mark in commerce on or in connection with the above-identified goods. (15 U.S.C. Sections 1051(a) and 1054). Applicant is not engaged in the production or marketing of the goods to which the mark is applied. Applicant submits with this form a COPY OF STANDARDS the applicant uses to determine whether goods and/or services will be certified.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3885427, 4549233, and 4557446.

For informational purposes only, applicant's website address is: http://www.bpiworld.org/

The owner's/holder's proposed attorney information: Michael E. Zall. Michael E. Zall of Michael E. Zall Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      2 Yorkshire Dr
      Suffern, New York 10901
      United States
      845-357-6800(phone)
      8453574616(fax)
      Mike@Zall-Law.com
The docket/reference number is BPI ICA-Cert.
Michael E. Zall 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:

Michael E. Zall

PRIMARY EMAIL FOR CORRESPONDENCE: Mike@Zall-Law.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ZallLawNY@gmail.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 certification mark sought to be registered; The applicant is exercising legitimate control over the use of the mark in commerce by authorized users, and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application by authorized users, on or in connection with the goods/services in the application; The specimen(s) shows the mark as used in commerce by authorized users on or in connection with the goods/services in the application and was used by authorized users on or in connection with the goods/services in the application as of the application filing date; The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; 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 exercise legitimate control over the use of the mark in commerce by authorized users, and was entitled to exercise legitimate control over the use of the mark in commerce by authorized users, as of the filing date of the application; The applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users, and had a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users as of the filing date of the application, on or in connection with the goods/services in the application; The applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; 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, other than authorized users, and, 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 E. Zall/   Date: 01/31/2021
Signatory's Name: Michael E. Zall
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 845-357-6800
Signature method: Signed directly within the form
Payment Sale Number: 90499979
Payment Accounting Date: 02/01/2021

Serial Number: 90499979
Internet Transmission Date: Sun Jan 31 14:35:38 ET 2021
TEAS Stamp: USPTO/CTM-XX.XXX.XXX.XX-2021013114353806
8862-90499979-760b34ab0c4f269ff14d657b14
9afb2ca902e40f2b18d8a92dedcf3af0be1e38-C
C-35361738-20210131141945162161