Trademark/Service Mark Application, Principal Register
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
screenshot from website showing the mark used in association with the goods, containing a picture and description of the goods, and
providing a means for ordering the identified goods
WEBPAGE URL
http://www.paradisepackaging.co/store/p/cooler
WEBPAGE DATE OF ACCESS
03/15/2021
INTERNATIONAL CLASS
017
*IDENTIFICATION
Building insulation
FILING BASIS
SECTION 1(b)
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S)
The applicant claims ownership of active prior U.S. Registration Number(s) 4136391.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for
sufficiently similar goods/services of active U.S. Registration No(s). 4136391.
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.
ATTORNEY INFORMATION
NAME
Kristen Mollnow Walsh
ATTORNEY DOCKET NUMBER
53059-new
ATTORNEY BAR MEMBERSHIP NUMBER
XXX
YEAR OF ADMISSION
XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY
XX
FIRM NAME
Nixon Peabody LLP
STREET
1300 Clinton Square
CITY
Rochester
STATE
New York
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
United States
ZIP/POSTAL CODE
14604
PHONE
585-263-1000
FAX
585-263-1600
EMAIL ADDRESS
nytm@nixonpeabody.com
OTHER APPOINTED ATTORNEY
Jeffrey L. Costellia, Janet Garetto, Marlene Williams, David May, Kaleigh P. Morrison, and any other attorneys of the firm
CORRESPONDENCE INFORMATION
NAME
Kristen Mollnow Walsh
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
nytm@nixonpeabody.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
kwalsh@nixonpeabody.com
FEE INFORMATION
APPLICATION FILING OPTION
TEAS Standard
NUMBER OF CLASSES
2
APPLICATION FOR REGISTRATION PER CLASS
350
*TOTAL FEES DUE
700
*TOTAL FEES PAID
700
SIGNATURE INFORMATION
SIGNATURE
/Thomas J. Masterson/
SIGNATORY'S NAME
Thomas J. Masterson
SIGNATORY'S POSITION
General Counsel
DATE SIGNED
03/15/2021
SIGNATURE METHOD
Sent to third party for signature
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:90580394
Filing Date:03/15/2021
To the Commissioner for Trademarks:
MARK: MUSHROOM (Standard Characters, see mark)
The literal element of the mark consists of MUSHROOM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Ecovative Design LLC, a limited liability company legally organized under the laws of New York, having an address of
70 Cohoes Avenue
Green Island, New York 12183
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 016: Packaging materials made primarily from mycelium; compostable packaging materials
In International Class 016, 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 12/00/2011, and first used in
commerce at least as early as 12/00/2011, 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) screenshot from website showing the mark used in association with the goods, containing a picture and description of the goods, and
providing a means for ordering the identified goods.
International Class 017: Building insulation
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) 4136391.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration
No(s). 4136391.
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: Kristen Mollnow Walsh. Other appointed attorneys are Jeffrey L. Costellia, Janet Garetto, Marlene Williams, David May, Kaleigh P. Morrison, and any
other attorneys of the firm. Kristen Mollnow Walsh of Nixon Peabody 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
1300 Clinton Square
Rochester, New York 14604
United States
585-263-1000(phone)
585-263-1600(fax)
nytm@nixonpeabody.com
The docket/reference number is 53059-new.
Kristen Mollnow Walsh 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:
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 $700 has been submitted with the application, representing payment for 2 class(es).
Declaration
Declaration Signature
Signature: /Thomas J. Masterson/ Date: 03/15/2021
Signatory's Name: Thomas J. Masterson
Signatory's Position: General Counsel
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90580394
Payment Accounting Date: 03/15/2021
Serial Number: 90580394
Internet Transmission Date: Mon Mar 15 19:59:21 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202103151959212
78437-90580394-770c04d475aadd0bd2ad2828a
cd21666833a3f1c79e9d6e566828d1c0149d59b9
-DA-59212289-20210315140433974477