Application

PTO- 1478

Approved for use through 06/30/2021. 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 06/30/2021. 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: 90774639

Filing Date: 06/15/2021

To the Commissioner for Trademarks:

MARK: GROWN RIGHT, IN OUR OWN ORCHARDS (Standard Characters, see mark)
The literal element of the mark consists of GROWN RIGHT, IN OUR OWN ORCHARDS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Martin's Family Fruit Farm Ltd., a corporation of Canada, having an address of
      1420 Lobsinger Line, RR#1
      Waterloo, Ontario N2J4G8
      Canada
      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:  dehydrated apple chips
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 Canada application number 2113916, filed 06/14/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: James L. Young. Other appointed attorneys are Elizabeth Afolabi, Bereskin & Parr LLP, Scotia Plaza, 40 King Street West, 40th Floor, Toronto, ON, M5H 3Y2, Canada. Recognized Canadian attorney(s)/agent(s) is/are Elizabeth Afolabi, Bereskin & Parr LLP. James L. Young of Westman, Champlin & Koehler, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      121 South Eighth Street, Suite 1100
      Minneapolis, Minnesota 55402
      United States
      612-330-0495(phone)
      612-334-3312(fax)
      jyoung@wck.com
The docket/reference number is TM136228US00.
James L. Young 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:

James L. Young

PRIMARY EMAIL FOR CORRESPONDENCE: jyoung@wck.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cschwarz@wck.com; sbolster@bereskinparr.com; lafolabi@bereskinparr.com; tsinnott@bereskinparr.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: /Peter Katona/   Date: 06/15/2021
Signatory's Name: Peter Katona
Signatory's Position: Director of Marketing
Signatory's Phone Number: +1-5196642750
Signature method: Sent to third party for signature
Payment Sale Number: 90774639
Payment Accounting Date: 06/15/2021

Serial Number: 90774639
Internet Transmission Date: Tue Jun 15 14:45:05 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210615144505874
901-90774639-7807145274a81ddda19c88bbda8
3f6438afca7f4724fcb28952bf95fcf85a9a7e-C
C-45031007-20210615085333952773