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: 97054208

Filing Date: 09/30/2021

To the Commissioner for Trademarks:

MARK: XOMA (Standard Characters, see mark)
The literal element of the mark consists of XOMA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Nexe Innovations Inc., a corporation of Canada, having an address of
      19353 22 Avenue, Suite 109
      Surrey V3Z3S6
      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 005:  Soluble beverages for general health and wellbeing; soluble beverages for general health and wellbeing, said beverages including food and health supplements, fats, medium-chain triglycerides, health foods, and dairy products
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 2096780, filed 04/01/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 021:  Consumer packaging; food and beverage packaging; cannabis and hemp packaging; health food packaging
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 2096780, filed 04/01/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 030:  Cartridges for use in brewing machines, each containing coffee, tea, cocoa, dried fruit, dairy, fats; coffee; hot chocolate
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 2096780, filed 04/01/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Steven M. Espenshade. Other appointed attorneys are all other attorneys with the firm. Steven M. Espenshade of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-482-5242(phone)
      tmcentral@pirkeybarber.com
The docket/reference number is RIDO021US.
Steven M. Espenshade 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:

Steven M. Espenshade

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sespenshade@pirkeybarber.com; flau@pirkeybarber.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: /marc bains/   Date: 09/30/2021
Signatory's Name: Marc Bains
Signatory's Position: Chief of Staff
Signatory's Phone Number: 604-679-5810
Signature method: Sent to third party for signature
Payment Sale Number: 97054208
Payment Accounting Date: 09/30/2021

Serial Number: 97054208
Internet Transmission Date: Thu Sep 30 14:28:09 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202109301428091
57879-97054208-781c7105dfe218689fc87cc80
550652cc97344fd34ed7e59acc26810c08c32b68
b-CC-28082739-20210928111402918929