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

---

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: 97174257

Filing Date: 12/15/2021

To the Commissioner for Trademarks:

MARK: UPGRAIN (Standard Characters, see mark)
The literal element of the mark consists of UPGRAIN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, KODIAK CAKES, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      8163 Gorgoza Pines Rd.
      Park City, Utah 84098
      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 030:  Mixes for bakery goods; waffles; frozen waffles; cookies; graham crackers; crackers; brownies; cornbread; bread; muffins; pretzels; cupcakes; cakes; pastries; French toast; granola; Grain-based food bars, snack bars, and bite-sized snacks; Cereal-based energy bars; Snack cakes; Grain-based snack foods; toaster pastries; oatmeal
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.



The owner's/holder's proposed attorney information: Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean, Curt Lockhart. Nicholas D. Wells of Legends Law Group, 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
      330 Main Street
      Kaysville, Utah 84037
      United States
      801-337-4500(phone)
      nwells@legendslaw.com
The docket/reference number is 4805.362.
Nicholas D. Wells 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:

Nicholas D. Wells

PRIMARY EMAIL FOR CORRESPONDENCE: nwells@legendslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@legendslaw.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 $350 has been submitted with the application, representing payment for 1 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: /Nicholas Wells/   Date: 12/15/2021
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 801-337-4500
Signature method: Signed directly within the form
Payment Sale Number: 97174257
Payment Accounting Date: 12/15/2021

Serial Number: 97174257
Internet Transmission Date: Wed Dec 15 18:25:52 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20211215182552061994-97174257-7
811ebb7e3a0e9ced1e61639ed9c4efaaaec87799
23bced2e4ed19badaf929-CC-25513852-202112
15182201975211