Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90696253

Filing Date: 05/07/2021

To the Commissioner for Trademarks:

MARK: EARTH RIGHT BY McCORMICK (stylized and/or with design, see mark)
The literal element of the mark consists of EARTH RIGHT BY McCORMICK. The applicant is not claiming color as a feature of the mark. The mark consists of the words EARTH RIGHT BY McCORMICK beneath a stylized representation of a sun rising over leaves.
The applicant, McCormick & Company, Incorporated, a corporation of Maryland, having an address of
      24 Schilling Road, Suite 1
      Hunt Valley, Maryland 21031
      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 005:  Herbal supplements; herbal teas for medicinal purposes; dietary supplements in the nature of blends consisting of herbs and spices; dietary and nutritional supplements; dietary supplement drink mixes
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 029:  Broth; bone broth; snack foods, namely, chips; Dietary food supplement; dietary supplements in the form of ready to eat food bars; Protein based, nutrient dense snack bars; Soup mixes; dip mixes; processed onions, garlic, peppers and edible seeds; salad toppings, namely, vegetable protein bits having a bacon flavor; dehydrated vegetables; dairy-based food beverage mixes; fruit-based spreads
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 030:  Tea; herbal tea; blends consisting of herbs and spices; oatmeal; instant oatmeal; snack foods, namely cookies and biscuits; Processed herbs, spices, spice blends, seasonings, seasoning blends, and seasoning mixes; seasoning mixes and roasting bags combined in unitary packages; salt, seasoned salt, salt substitutes; pepper, extracts, not essential oils, used as food flavorings; marinades and marinade mixes; seasoned coatings for food, namely, frying mixes, bread mixes, batters, and batter mixes; gravy mixes; condiments, namely, tartar sauce, seafood cocktail sauce, sauces, excluding apple and cranberry, and sauce mixes; meat tenderizer; spaghetti sauce mix
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: Jennifer Lee Taylor. Other appointed attorneys are Eoin P. Connolly, Douglas Hendricks, Muzamil A. Huq, Joyce Liou, Sabrina A. Larson, Melissa V. Perez, Ryan Romain, Aaron P. Rubin, Nathan B. Sabri, Camila Tapernoux. Jennifer Lee Taylor of Morrison & Foerster 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
      425 Market Street
      San Francisco, California 94105
      United States
      415-268-7000(phone)
      4152687522(fax)
      TMDocket@mofo.com
The docket/reference number is 274149356000.
Jennifer Lee Taylor 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:

Jennifer Lee Taylor

PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JLiou@mofo.com; KSamia@mofo.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 $1050 has been submitted with the application, representing payment for 3 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: /Jeffery Schwartz/   Date: 05/07/2021
Signatory's Name: Jeffery Schwartz
Signatory's Position: VP, General Counsel & Secretary
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90696253
Payment Accounting Date: 05/07/2021

Serial Number: 90696253
Internet Transmission Date: Fri May 07 13:35:41 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-202105071335412871
75-90696253-780ae449a269c0168f29195d1d39
bd633b5d90116f055c154d97caac22b6c942-DA-
35404910-20210506195552466728