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: 90707227

Filing Date: 05/12/2021

To the Commissioner for Trademarks:

MARK: BLUE DIAMOND (stylized and/or with design, see mark)
The literal element of the mark consists of BLUE DIAMOND. The applicant is not claiming color as a feature of the mark. The mark consists of a diamond design with the words "BLUE DIAMOND" inside plus a banner over the bottom quarter.
The applicant, Blue Diamond Growers, a corporation of California, having an address of
      1802 C Street
      Sacramento, California 95811
      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:  Protein powder for use as a nutritional supplement; almond protein powder for use as a nutritional supplement; almond protein powder for use as a nutritional supplement in powdered and ready-to-drink beverages and bars; nutritional supplements in the nature of protein drinks; powdered nutritional supplement drink mix containing protein; nutritional supplements in the nature of protein bars
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:  Processed nuts; roasted nuts; processed almonds; roasted almonds; snack nuts; nut snack mixes; flavored nuts; flavored almonds; roasted and salted nuts; roasted and salted almonds; almond milk; almond-based cheese; almond-based condensed milk; almond-based cream; almond-based hummus; almond-based powdered milk; almond-based smetana; milk substitutes; non-dairy nut based food beverages; cheese substitutes; butter substitutes; coffee-based beverages; coffee beverages containing non-dairy nut milk; nut butters; almond butters; shelled almonds, shelled roasted almonds, almond products including broken almonds, salted almonds, sliced almonds, flavored almonds, processed almonds, ground almonds and comminuted almonds; sliced nuts; slivered nuts; ground nuts; edible nut oil; almond-based yogurt; almond-based dips
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:  Almond-based ice cream; almond-based frozen desserts; almond-based baking mixes; wafers with almonds or other nuts as an ingredient; almond paste; almond candies, candy-coated almonds; candy-coated nuts; chocolate-coated nuts; cinnamon-coated nuts; nut pastes; almond flour; nut flour; almond paste; wafers with almonds or other nuts as an ingredient; grain-based snack foods; snack foods, namely, wafers made of grains and nuts; candy-coated nuts
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) 0159301, 4702719, 3131688, and others.


The owner's/holder's proposed attorney information: Garner K. Weng. Other appointed attorneys are Raffi Zerounian, Justin Thiele, Noel Cook, Janie Thompson, Rosanna Gan, Kristine Craig. Garner K. Weng of Hanson Bridgett 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 St, 26th Floor
      San Francisco, California 94105
      United States
      415-777-3200(phone)
      ipfilings@hansonbridgett.com
The docket/reference number is 9990.3001.
Garner K. Weng 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:

Garner K. Weng

PRIMARY EMAIL FOR CORRESPONDENCE: ipfilings@hansonbridgett.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gweng@hansonbridgett.com; rzerounian@hansonbridgett.com; jthiele@hansonbridgett.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: /Simone M. Denny/   Date: 05/12/2021
Signatory's Name: Simone M. Denny
Signatory's Position: General Counsel
Signatory's Phone Number: 916.873.7132
Signature method: Sent to third party for signature
Payment Sale Number: 90707227
Payment Accounting Date: 05/12/2021

Serial Number: 90707227
Internet Transmission Date: Wed May 12 19:44:51 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021051219445172
4179-90707227-7806556a2f9c49c4ed31e91621
bf5e99297e4125be256ded4d27b88fca438670e5
-DA-44511806-20210512191730618585