Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90870597

Filing Date: 08/06/2021

To the Commissioner for Trademarks:

MARK: Milbona (Standard Characters, see mark)
The literal element of the mark consists of Milbona. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Lidl Stiftung & Co. KG, a kommanditgesellschaft (kg) legally organized under the laws of Germany, having an address of
      Stiftsbergstr. 1
      Neckarsulm 74172
      Germany
      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:  Milk and milk products excluding ice cream, ice milk, and frozen yogurt; beverages consisting principally of milk; beverages having a milk base; cheese and cheese products, namely, cheese fondue, cheese powder, cheese spreads; fresh cheese
Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 006394092, and/or proof of renewal, registered 09/18/2008 with a renewal date of 10/15/2017 and an expiration date of 10/15/2027, and translation thereof, if appropriate.

Original PDF file:
reg-981522175-213659603_. _EUTM_006394092_Milbona.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Original PDF file:
reg-981522175-213659603_. _Renewal_confirmation_EU_ 006394092.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
reg-981522175-213659603_. _EUTM_006394092_English_t ranslation_of_renewal.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 032:  Non-alcoholic beverages, namely, soft drinks, energy drinks, carbonated beverages; fruit drinks; fruit juices, vegetable juices; vegetable drinks; frozen and semi-frozen carbonated beverages not primarily made of milk but containing milk
Based on Foreign Registration: 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 submits a copy of European Union Trademark - EUTM registration number 006394092, and/or proof of renewal, registered 09/18/2008 with a renewal date of 10/15/2017 and an expiration date of 10/15/2027, and translation thereof, if appropriate.

Original PDF file:
reg-981522175-213659603_. _EUTM_006394092_Milbona.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Original PDF file:
reg-981522175-213659603_. _Renewal_confirmation_EU_ 006394092.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
reg-981522175-213659603_. _EUTM_006394092_English_t ranslation_of_renewal.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5567719.

Translation
The wording "Milbona" has no meaning in a foreign language.


The owner's/holder's proposed attorney information: Scott Greenberg. Scott Greenberg of Culhane Meadows PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Culhane Meadows Nat'l IP Support Ctr
      13101 Preston Road, Ste. 110-1520
      Dallas, Texas 75240
      United States
      917-599-6803(phone)
      TMDocket@cm.law

Scott Greenberg 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 Scott Greenberg of Culhane Meadows PLLC
      13101 Preston Road, Ste. 110-1520
      Culhane Meadows Nat'l IP Support Ctr
      Dallas Texas 75240
      United States
      917-599-6803(phone)
      TMDocket@cm.law
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Scott Greenberg

PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@cm.law        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sgreenberg@cm.law 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 $700 has been submitted with the application, representing payment for 2 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: /Scott Greenberg/   Date: 08/06/2021
Signatory's Name: Scott Greenberg
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 917-599-6803
Signature method: Signed directly within the form
Payment Sale Number: 90870597
Payment Accounting Date: 08/06/2021

Serial Number: 90870597
Internet Transmission Date: Fri Aug 06 21:54:06 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210806215406999
288-90870597-78122aaefdd5a62bb7bb4caa26f
410eb56d6c26fcbcf639765e4de910a584b222-C
C-54053854-20210806213659603210