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: 97124698

Filing Date: 11/15/2021

To the Commissioner for Trademarks:

MARK: CONVENIENT NUTRITION (Standard Characters, see below )

The literal element of the mark consists of CONVENIENT NUTRITION. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, American Fitness Wholesalers, Inc., a corporation of Massachusetts, having an address of
      243 Stafford Street
      Worcester, Massachusetts 01603
      United States
      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:  whey protein-based, nutrient dense snack bars

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 03/28/2012, and first used in commerce at least as early as 03/28/2012, 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) photos of cartons of snack bars.

Original PDF file:
SPE0-5023958210-202111091 21340536546_._Vanilla_Box.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-5023958210-202111091 21340536546_._Coffee_Box.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-5023958210-202111091 21340536546_._Cocoa_Box.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 030:  cookies and crackers containing whey protein

In International Class 030, 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 03/28/2012, and first used in commerce at least as early as 03/28/2012, 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) photos of packages of cookies containing whey protein.

Original PDF file:
SPE0-1-5023958210-2021110 9121340536546_._Cocoa_Box.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-5023958210-2021110 9121340536546_._Coffee_Bo x.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-5023958210-2021110 9121340536546_._Vanilla_B ox.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5079947.

Miscellaneous Statement
Applicant seeks registration in Classes 29 and 30 because Applicant's whey protein-based bars have a crunchy cookie or cracker texture and are advertised and sold both as protein snack bars and as protein cookies or crackers.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Patricia Smink Rogowski. Patricia Smink Rogowski of Rogowski Law LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      501 Silverside Road, Suite 11
      Wilmington, Delaware 19809
      United States
      302-893-0048(phone)
      pat@rogowskilaw.com
The docket/reference number is 0711.0004.
Patricia Smink Rogowski 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:

Patricia Smink Rogowski

PRIMARY EMAIL FOR CORRESPONDENCE: pat@rogowskilaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): askpat@rogowskilaw.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 $700 has been submitted with the application, representing payment for 2 class(es).

Declaration

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT18\IMAGEOUT18\971\246\97124698\xml1\APP0009.JPG



Signatory's Name: David Picard
Signatory's Position: President
Signatory's Phone Number: 302-893-0048
Signature method: Handwritten
Payment Sale Number: 97124698
Payment Accounting Date: 11/15/2021

Serial Number: 97124698
Internet Transmission Date: Mon Nov 15 10:55:46 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021111510554642
4555-97124698-7816272e8b3474529a728d0686
03152806076ea5479c4c169b87baa1bdba69042-
CC-55452713-20211115105321465453