Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97029656

Filing Date: 09/15/2021

To the Commissioner for Trademarks:

MARK: PROGANICS (Standard Characters, see mark)
The literal element of the mark consists of PROGANICS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BAILEY DALLINGER TA PRO AMINO, a sole proprietorship legally organized under the laws of Australia, having an address of
      U3 53 RIVERSIDE PLACE
      MORNINGSIDE 4170
      Australia
      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:  Powdered nutritional supplement drink mix and concentrate

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/07/2018, and first used in commerce at least as early as 12/07/2018, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photographs of packaging for the goods bearing the mark; prices and ordering information available.

Original PDF file:
SPE0-1-711254634-20210915 184224890522_._OrganicWhe y.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://proganics.shop/products
Webpage Date of Access: 09/15/2021

International Class 005:  Powdered nutritional supplement drink mix and concentrate

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/27/2020, and first used in commerce at least as early as 10/27/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photographs of packaging for the goods bearing the mark; prices and ordering information available.

Original PDF file:
SPE0-2-711254634-20210915 184224890522_._s_USA__-_p roganics.shop_products_or ganic-plant-protein-plus_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-711254634-20210915 184224890522_._Proganics_ USA__-_proganics.shop_pro ducts_organic-greens-plus.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://proganics.shop/products
Webpage Date of Access: 09/15/2021

International Class 029:  Peanut Butter Powder; Plant Based Meal Replacement; Keto Based Meal Replacement

In International Class 029, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/16/2020, and first used in commerce at least as early as 02/16/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photographs of packaging for the goods bearing the mark; prices and ordering information available.

Original PDF file:
SPE0-1-711254634-20210915 184224890522_._s_USA__-_p roganics.shop_products_or ganic-plant-protein-plus_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-711254634-20210915 184224890522_.__-_progani cs.shop_products_organic- peanut-butter-powder-plus.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-711254634-20210915 184224890522_.__proganics .shop_products_organic-ke to-meal-replacement-vegan.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://proganics.shop/products
Webpage Date of Access: 09/15/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5147463.


The owner's/holder's proposed attorney information: James R. Hastings. Other appointed attorneys are Jess M. Collen; Audra Kemp. James R. Hastings of COLLEN IP, Intellectual Property Law, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      80 South Highland Avenue
      Ossining, New York 10562
      United States
      trademark@collenip.com
The docket/reference number is AX1987.
James R. Hastings 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 R. Hastings

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@collenip.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 $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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 97029656
Payment Accounting Date: 09/15/2021

Serial Number: 97029656
Internet Transmission Date: Wed Sep 15 19:32:55 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20210915193255387
462-97029656-781ce8efdf7eec87d94e1aa9cd8
c255a174d289e541ac73e2d35ca04674890da-CC
-32534691-20210915184224890522