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: 90704065

Filing Date: 05/11/2021

To the Commissioner for Trademarks:

MARK: UPSIDE (Standard Characters, see mark)
The literal element of the mark consists of UPSIDE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Memphis Meats, Inc., a corporation of Delaware, having an address of
      804 Heinz Avenue, Suite 2
      Berkeley, California 94710
      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 029:  Meat;seafood;beef, pork, fish, poultry and game, not live;all natural meats and seafood;cultured meat and seafood;laboratory-grown meat and seafood;synthetic meat and seafood;tissue engineered meat and seafood;snack foods, prepared meals, salads and ready-to-eat meals consisting primarily of meat, fish, poultry, game, seafood and cultured meats;meat stocks;meat extracts
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Trinidad and Tobago application number 57634, filed 01/14/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 035:  retailing in the field of all natural meats and seafood, cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood;wholesaling in the field of all natural meats and seafood, cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Trinidad and Tobago application number 57634, filed 01/14/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  Research and development in the field of prepared food and ingredient manufacturing from animal cells cultivated within bioreactors, as well as from non-animal sources including plants, fungi, algae and bacteria;scientific and laboratory research in the field of cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood;research on food;research and development services in the field of cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Trinidad and Tobago application number 57634, filed 01/14/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Alyssa M. Worsham. Other appointed attorneys are all other attorneys of Wilson Sonsini Goodrich &Rosati. Alyssa M. Worsham of Wilson Sonsini Goodrich & Rosati, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      650 Page Mill Road
      Palo Alto, California 94304-1050
      United States
      650-493-9300(phone)
      650-493-6811(fax)
      trademarks@wsgr.com
The docket/reference number is 59171-TM1018.
Alyssa M. Worsham 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:

Alyssa M. Worsham

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@wsgr.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Maria Occarina Guernsey Macedo/   Date: 05/11/2021
Signatory's Name: Maria Occarina Guernsey Macedo
Signatory's Position: Director
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 90704065
Payment Accounting Date: 05/11/2021

Serial Number: 90704065
Internet Transmission Date: Tue May 11 18:05:03 ET 2021
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XXX-2021051118050371
0353-90704065-78015a27f92b95a7e6a685acc6
c9c64e055f4a1967eb47981ceed16d8737df10-D
A-05032926-20210511160908096147