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: 90718839

Filing Date: 05/18/2021

To the Commissioner for Trademarks:

MARK: Berry Clouds (stylized and/or with design, see mark)
The literal element of the mark consists of Berry Clouds. The color(s) white, pink, red, dark blue, dark pink, green, light blue, and medium blue is/are claimed as a feature of the mark. The mark consists of the stylized wording "Berry Clouds" with initial caps and all letters appearing in white with pink shading on the right-hand side of each letter. Each letter is outlined in red, with all of the wording in the mark then appearing on a dark blue background with scalloped borders outlined in dark pink. A red strawberry with a green stem, all outlined in dark blue, appears at the bottom left of the mark covering the bottom left portion of the letter "B" and again at the upper right of the mark above the letter "s" in "Clouds". A green stem appears above the letter "e" in the word "Berry" and the letter "o" in the word "Clouds" appears as a white cloud with pink shading outlined in red. Another red strawberry with a green stem, outlined in dark blue, appears above the letter "y" in "Berry" to the left of a light blue blueberry, with medium blue shading on the right-hand side, also outlined in dark blue.
The applicant, RiGO Trading S.A., a corporation of Luxembourg, having an address of
      EBBC, Building E
      6, Route de Trèves
      Senningerberg L-2633
      Luxembourg
      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 030:  Confectionery, namely gummy candies, confectionery made of sugar in the form of sweet foam, licorice and chewing gum
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.



Disclaimer
No claim is made to the exclusive right to use "Berry Clouds" apart from the mark as shown.

Miscellaneous Statement
The goods covered by this application will include berry-flavored, cloud-shaped candy.


The owner's/holder's proposed attorney information: Mark J. Liss. Other appointed attorneys are Tamara A. Miller, Anne E. Naffziger, Claudia W. Stangle, Kevin C. Parks, Michelle L. Zimmermann, Stella M. B. Ferraro, Laura M. Schaefer, Kyle Migliorini and Joseph M. Carrafiello. Mark J. Liss of Leydig, Voit & Mayer, Ltd., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 4900
      Two Prudential Plaza, 180 N. Stetson Ave
      Chicago, Illinois 60601
      United States
      312-616-5600(phone)
      312-616-5700(fax)
      trademark@leydig.com
The docket/reference number is 754488.
Mark J. Liss 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 hereby appoints Mark J. Liss of Leydig, Voit & Mayer, Ltd.
      Two Prudential Plaza, 180 N. Stetson Ave
      Suite 4900
      Chicago Illinois 60601
      United States
      312-616-5600(phone)
      312-616-5700(fax)
      trademark@leydig.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Mark J. Liss

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@leydig.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jquetsch@leydig.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 $350 has been submitted with the application, representing payment for 1 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: /Mark J. Liss/   Date: 05/18/2021
Signatory's Name: Mark J. Liss
Signatory's Position: Attorney of Record, IL Bar Member
Signatory's Phone Number: 312-616-5600
Signature method: Signed directly within the form
Payment Sale Number: 90718839
Payment Accounting Date: 05/18/2021

Serial Number: 90718839
Internet Transmission Date: Tue May 18 16:07:49 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021051816074980
0500-90718839-780c46012c093a08e79472f45a
c1a14da623927a3f7f3530de469b831e392b9648
-DA-07491522-20210518160524368761