Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97077599

Filing Date: 10/15/2021

To the Commissioner for Trademarks:

MARK: SÖDERGARDEN (Standard Characters, see mark)
The literal element of the mark consists of SÖDERGARDEN. 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 005:  Dietetic substances for medical use, namely, dietetic food for babies, dietetic pasta and crackers.
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 006716104, and/or proof of renewal, registered 02/06/2009 with a renewal date of 03/03/2018 and an expiration date of 03/03/2028, and translation thereof, if appropriate.

Original PDF file:
reg-1-981522175-190300260 _._EUTM_006716104.pdf
Converted PDF file(s) (10 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10

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 029:  Fresh and frozen meat, fish, poultry and game; charcuterie; meat products, namely, meat, meat preserves, meat jellies, meat paste, meat juices, meat extracts, ring bologna, bologna and smoked beef, hamburger meat, hot dogs, meat-based mousse, meat-based spreads, ham, bacon, salami, mortadella, bacon rinds, roast beef, beef patties; shellfish, not live, for human consumption; preserved, dried and cooked fruits and vegetables; fruits and vegetables pickled in sweet or sour sauces; jellies; jams, marmalade, fruit sauces and other sweet spreads, namely, fruit-based sweet sandwich spreads; eggs; milk; milk products, namely, butter, cheese, fresh milk, pasteurized milk, UHT milk, cream, yoghurt, sour milk quark, mixed milk beverages with high milk content; desserts made of yoghurt, quark, and cream; meat, sausage, fish, fruit and vegetable preserves; processed nuts; edible oils and fats; prepared meals and frozen foodstuffs, namely, frozen vegetables, instant potatoes, instant soup or stew, prepared or packaged meals and frozen foods, namely, meals consisting primarily of meat fish, poultry or vegetables; dietetic substances and foodstuffs not for medical purposes, namely, dairy-based food beverages containing vitamin-enriched proteins, carbohydrates, amino acids, fatty acids, mineral substances, low calorie and low sodium, prepared meals for non-medical use consisting primarily of meat, fish, fruits, vegetables, eggs.
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 006716104, and/or proof of renewal, registered 02/06/2009 with a renewal date of 03/03/2018 and an expiration date of 03/03/2028, and translation thereof, if appropriate.

Original PDF file:
reg-1-981522175-190300260 _._EUTM_006716104.pdf
Converted PDF file(s) (10 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10

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 030:  Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, namely, processed cereals, muesli, and whole wheat products, namely, extruded wheat snacks, corn chips, pita chips, cereal based energy bars, pasta; coffee-based beverages, tea-based beverages, cocoa-based beverages, and chocolate food beverages not being dairy-based or vegetable based; coffee and cocoa preparations for making alcoholic and non-alcoholic beverages, namely, chocolate syrup; food flavorings, namely, non-essential oils, bread; pastry; cake; confectionery, namely candy and chocolate; bakery goods; crackers; crispbread; frozen confectionery, confectionery baking chips, candy and gum sweets; edible ice, namely, shaved ice confections, ice cream, blancmange, Italian ice, and fruit ices; puddings; honey, treacle; yeast, baking powder; starch for food, namely, corn starch; salt; mustard; mayonnaise; ketchup, vinegar, sauces, salad dressings; spices, spice extracts used as flavorings for food; dried herbs, namely, preserved garden herbs and processed herbs; prepared meals and frozen foodstuffs, namely, frozen, prepared or packaged meals consisting primarily of pasta or rice; prepared meals for non-medical use consisting primarily of cereal-based snack food, baked and pre-baked dietetic bread, dietetic pastries, cookies, and rolls.
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 006716104, and/or proof of renewal, registered 02/06/2009 with a renewal date of 03/03/2018 and an expiration date of 03/03/2028, and translation thereof, if appropriate.

Original PDF file:
reg-1-981522175-190300260 _._EUTM_006716104.pdf
Converted PDF file(s) (10 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10

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 031:  Fresh fruits and vegetables; fresh nuts; unprocessed nuts; plant seeds, natural live plants and flowers; dried plants; foodstuffs for animals; bedding for animals, namely, chopped straw, wood shavings, and loose hemp for animal bedding.
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 006716104, and/or proof of renewal, registered 02/06/2009 with a renewal date of 03/03/2018 and an expiration date of 03/03/2028, and translation thereof, if appropriate.

Original PDF file:
reg-1-981522175-190300260 _._EUTM_006716104.pdf
Converted PDF file(s) (10 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10

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:  Beers; alcohol-free beer; dietetic beer not for medical use; mineral and aerated waters and other non-alcoholic drinks, namely, carbonated water and carbonated non-alcoholic beverages, non-alcoholic cocktails, fruit drinks and fruit juices; syrups for making beverages and other preparations, namely, concentrates and powders for making soft drink beverages.
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 006716104, and/or proof of renewal, registered 02/06/2009 with a renewal date of 03/03/2018 and an expiration date of 03/03/2028, and translation thereof, if appropriate.

Original PDF file:
reg-1-981522175-190300260 _._EUTM_006716104.pdf
Converted PDF file(s) (10 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10

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) 5859315 and 4710298.

Translation
The wording "SÖDERGARDEN" 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 $1750 has been submitted with the application, representing payment for 5 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: 10/15/2021
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: 97077599
Payment Accounting Date: 10/15/2021

Serial Number: 97077599
Internet Transmission Date: Fri Oct 15 19:41:48 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20211015194148227
939-97077599-781b5533997343269959a655a5b
65bac9ff8be4ae2889cd7274825ee2bbe8aa8db1
-CC-41473589-20211015190300260256