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: 97248675

Filing Date: 02/01/2022

To the Commissioner for Trademarks:

MARK: BETTERLAND (Standard Characters, see mark)
The literal element of the mark consists of BETTERLAND. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Better Land Sweets LLC, DBA betterland foods, a limited liability company legally organized under the laws of California, having an address of
      70 Santa Felicia Drive
      Goleta, California 93117
      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:  Beverages, namely protein-based drinks; Animal-free protein milk; fermented animal-free milk; animal-free milk comprised of milk protein components produced through microbial fermentation for use as a cow's milk and dairy product alternative; animal-free cheese substitutes; animal-free cheese made from milk protein components produced through microbial fermentation; animal-free yogurts; animal-free milk substitutes; animal-free milk and milk products excluding ice cream, ice milk, and frozen yogurt; animal-free milk protein based snack bars, namely, animal-free milk protein based snack foods formed and packaged as bars; animal-free milk protein based snack foods containing milk protein components produced through microbial fermentation; animal-free milk protein based snack foods formed and packaged as bars containing milk protein components produced through microbial fermentation; animal-free milk protein based meal replacement bars; animal-free milk protein based meal replacement drinks and shakes for energy-boosting purposes; animal-free milk protein based meal replacement drink mixes; animal-free milk protein based pre-mixed nutritionally fortified beverages; supplements; dietary supplements; animal-free based proteins for use as nutritional supplements; dietary and nutritional supplements in the form of animal-free protein powder; liquid ready to drink nutritional supplement shakes; dietary and nutritional supplements formed and packaged as protein-based snack bars; dietary supplement drink mixes; powdered protein and nutrition drink mixes; powdered nutritional supplement drink mixes for ready-to-mix beverages; animal-free based proteins for use as nutritional supplements in various powdered and ready to drink beverages; dietary supplement drink mixes; powdered nutritional supplement drink mixes and concentrates; flavored protein dietary supplement drinks, ready to serve and nutritional, dietary supplements formed and packaged as bars, and vitamin and mineral supplements; dietary and nutritional supplements namely, flavored protein powder to be mixed with water; nutritional supplement bars containing protein; protein supplement shakes; powdered nutritional supplement drink mix containing protein; dairy substitute products such as milk, cheese, butter, sour cream and related food 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.



The owner's/holder's proposed attorney information: Daniel M. Cislo, Esq.. Other appointed attorneys are Kelly Cunningham, Esq., Reg. No. 43,570; David B. Sandelands, Esq., Reg. No. 46,023; Mark D. Nielsen, Esq., Reg. No. 52,068; Peter S. Veregge, Esq., Reg. No. 55,698; Kristin B. Kosinski, Esq., Reg. No. 45,599; C. Wook Pak, Esq., Reg. No. 50,504; Jeffrey G. Sheldon, Esq., Reg. No. 27,953; Katherine M. Bond, Esq., Reg. No. 66,381; Katherine B. Sales, Esq., Reg. No. 72,026; Rebecca I. Makitalo, Esq., Reg. No. 80,120; all members of the Bar of the State of California in good standing.. Daniel M. Cislo, Esq. of Cislo & Thomas LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      12100 Wilshire Boulevard, Suite 1700
      Los Angeles, California 90025-7103
      United States
      310-979-9190(phone)
      310-394-4477(fax)
      tmk@cislo.com
The docket/reference number is 22-44886.
Daniel M. Cislo, Esq. 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:

Daniel M. Cislo, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: tmk@cislo.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ashepard@cislo.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: /Daniel M. Cislo/   Date: 02/01/2022
Signatory's Name: Daniel M. Cislo, Esq.
Signatory's Position: Attorney of Record, Reg. No. 32,973, California Bar No. 125378
Signatory's Phone Number: 310-979-9190
Signature method: Signed directly within the form
Payment Sale Number: 97248675
Payment Accounting Date: 02/01/2022

Serial Number: 97248675
Internet Transmission Date: Tue Feb 01 16:27:45 ET 2022
TEAS Stamp: USPTO/BAS-X.X.XXX.XX-2022020116274502156
5-97248675-810aee7e5f474907125b27819654c
8a399c689d42ac2526759b79fc6b7dc3217d-DA-
27443121-20220201162635180896