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: 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.

Original PDF file:
SPE0-20825590202-20210315 113620565940_._MUSHROOM_S pecimen_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.paradisepackaging.co/store/p/cooler
Webpage Date of Access: 03/15/2021

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:

Kristen Mollnow Walsh

PRIMARY EMAIL FOR CORRESPONDENCE: nytm@nixonpeabody.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwalsh@nixonpeabody.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 $700 has been submitted with the application, representing payment for 2 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: /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