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: 97254072

Filing Date: 02/04/2022

To the Commissioner for Trademarks:

MARK: O (stylized and/or with design, see mark)
The literal element of the mark consists of O. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized letter "O".
The applicant, COMPAGNIE GERVAIS DANONE, a société anonyme (sa) legally organized under the laws of France, having an address of
      17 boulevard Haussmann
      Paris 75009
      France
      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 003:  Perfumery; perfumes; toilet water; eau de parfum; eau de Cologne; oils for perfumes and scents; non-medicated cosmetic soap, in particular, beauty soap, body cream soap; non-medicated facial soap; cosmetic soap; essential oils, in particular, aromatic essential oils; essential oils for personal use; essential oils for cosmetic purposes; cosmetic preparations for skin care; hair lotions; beauty masks; cosmetic products, in particular, creams, milks, lotions, and sprays for the body; cosmetic gels and powders for face, body, hands and feet
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.

International Class 005:  Lactic ferments and lactose for pharmaceutical use; dietary fibers to aid digestion; dietary supplements; dietary dietetic foods for medical use; dietetic drinks for medical use; nutritional supplements; vitamin preparations; foods, namely, meal replacement bars for specific medical use; dietary substances, namely, meal replacement shakes for medical use; dietetic foods, namely, dietetic supplements and dietetic beverages for disabled for medical use; dietetic foods, namely, dietetic supplements and dietetic beverages for persons with special nutritional needs for medical use; nutritional food supplements for medical use; nutritional products, namely, supplements, for medical use; liquid nutritional supplements for medical use; herbal supplements; food supplements, namely, protein powders for meal replacements to be used as a food supplement; mineral preparations, namely, mineral supplements; nutrient-enriched drinks for medical use, namely, meal replacement drinks enriched with vitamins, minerals and proteins as additives for general health and well-being; diet drinks adapted for medical purposes; protein-based food supplements; dietary food supplements; liquid vitamin supplements; non-alcoholic energy drinks containing protein and carbohydrates for medical and health purposes; medical preparations for weight loss; medical preparations for weight gain; amino acids for pharmaceutical use; dieting pills and powder preparations to promote fat burning; preparations for medical use to promote regeneration during strong muscle activity; meal replacement beverages, other than milk substitutes, adapted for medical use
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.

International Class 029:  Meat; fish not live; ham; poultry; game; dried, preserved, and cooked fruits and vegetables; fruit purées; soups; main meals composed mainly of meat; main meals composed mainly of fish; main meals composed mainly of poultry; main meals composed mainly of vegetables; pre-packaged meals composed mainly of meat; pre-packaged meals composed mainly of fish; pre-packaged meals composed mainly of poultry; pre-packaged meals composed mainly of vegetables; frozen meals composed mainly of meat; frozen meals composed mainly of fish, frozen meals composed mainly of poultry; frozen meals composed mainly of vegetables; packaged meals composed mainly of meat; packaged meals composed mainly of fish; packaged meals composed mainly of poultry; packaged meals composed mainly of vegetables; prepared meals composed mainly of meat; prepared meals composed mainly of fish; prepared meals composed mainly of poultry; prepared meals composed mainly of vegetables; cooked, dried, preserved and frozen fruits and vegetables; preserved meat, fish, fruits and vegetables; milk and milk products excluding ice cream, ice milk and frozen yogurt, and milk substitutes; milk based on plants, in particular rice, soya, coconut, almond, seeds, nuts, fruits and nuts; powdered milk, powdered milk of plant origin, in particular based on rice, soya, coconut, almond, seeds, nuts and fruits; flavoured curd and whipped milk and their substitutes, namely, whipped cream and whipped cheese topping; vegetable milk products, namely, yogurt, almond milk, rice, and coconut milk and oat milk; milk substitutes of vegetable origin; non-dairy milk substitutes based on plants and nuts; dairy products, in particular, milk-based desserts, namely, whipped cream, yoghurt; drinking yoghurts; white cheese; petit-suisse; soy protein, used as a meat substitute; concentrated soy protein, used as a meat substitute; soy protein isolates, used as a meat substitute; substitutes for milk products based on plants and nuts, namely, rice milk, soy, coconut milk, almond milk and flavoured soy milk; prepared seeds for human consumption, not being seasonings or flavourings; vegetable substitutes for cream; yoghurt; beverages composed mainly of milk and milk products; milk beverages, milk predominating; milk drinks containing fruit; fermented milk products, plain or flavoured; fruit-based desserts, namely, fruit spreads; plant-based desserts, namely, cream comprising mainly rice, soya, coconut, almond, seeds, nuts and fruit; fruit jellies; coconut milk; almond milk; oat milk; dairy products, namely, cream; dessert creams being whipped creams; cheese pastes; cheeses; fruit compotes; compotes; fruit puree; snack foods mainly made of fruit and nuts; fruit-based snack food; protein-enriched milk; dairy-based beverages and foods, namely, yogurt and substitutes for dairy products, namely, milk substitutes enriched with nutrients, food supplements, proteins, vitamins and minerals; powdered milk and powdered milk of vegetable origin enriched with nutrients, food supplements, proteins, vitamins and minerals
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.

International Class 030:  Cocoa; chocolate; cocoa-based beverages; chocolate-based beverages; coffee-based beverages; tea; tea-based beverages; custard; sugar; puffed rice; flour; cereals and cereal preparations, namely, processed cereals; breakfast cereals; salted and sweet biscuits; bread; wafers; waffles; cakes; pastries; all these products being plain, coated, filled, and flavoured; confectionery made of sugar; edible ices; ice creams composed mainly of yoghurt; ice cream; sorbets; flavored ices; frozen flavoured water; dessert mousses; sweets; pastries with fruit; tapioca; sago; honey; table syrups and treacles; dessert pastries; flavorings, other than essential oils, for beverages; frozen yogurt as confectionery ices; high-protein cereal bars; cereal-based energy bars; cereal-based food bars; oat-based nutritional snack bars; dried fruit-based nutritional snack bars, oat-based snack food bars, dried fruit-based snack food, cereal-based snack food, oat-based snack food, dried fruit-based snack food, cocoa-based snack food; chocolate spreads; rice based snacks; flakes made from cereals; fruit coulis as sauces; oat-based snack food; non-alcoholic beverages based on plants; non-alcoholic beverages based on nuts; non-alcoholic beverages based on coconuts; non-alcoholic beverages based on rice and soya, other than milk substitutes; non-alcoholic beverages based on cereals, other than milk substitutes; non-alcoholic beverages based on seeds, other than milk substitutes
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.

International Class 032:  Table waters; still or and sparkling waters, namely, still water, sparkling water, mineral water and sparkling mineral water; flavoured waters; flavoured mineral waters; waters enrichied with nutrients, food supplements, proteins, vitamins and minerals drinking products; lemonades; fruit-flavoured beverages; fruit syrup beverages with water; fruit or and vegetable juices , fruit or and vegetable-based beverages; non-alcoholic fruit extracts; mixed fruit and vegetable smoothies; energy drinks; isotonic drinks; tea-flavoured non-alcoholic beverages; coffee-flavoured non-alcoholic beverages; fruit-flavoured non-alcoholic beverages; sodas; tonics; preparations for making beverages; syrups and other preparations for making beverages; non-alcoholic beverages; sherbets beverages; protein beverages; beer-based beverages; fruit juice concentrates; coconut water; aloe vera juice; vegetable juices ; non-alcoholic beverages based on nuts; non-alcoholic beverages based on coconuts; non-alcoholic beverages based on rice and soya, other than milk substitutes; non-alcoholic beverages based on seeds, other than milk substitutes; non-alcoholic beverages based on plants; non-alcoholic beverages based on cereals, other than milk substitutes
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.

International Class 041:  Education, namely training in the field of nutritional health, food and nutrition; entertainment namely, entertainment consisting of plays and musical concerts; sporting and cultural activities namely, organizing sporting activities consisting of golf tournament, tennis tournaments and football matches and cultural activities consisting of dance performances and art exhibitions; teaching classes and courses in the field of health and nutrition; providing information in the field of entertainment, sport activities and education; recreational services; publication of books; organization of competitions namely football, golf and music competitions; organization and conducting of colloquiums, conferences or congresses in the fields of health and nutrition; organization of exhibitions for cultural, sport or and educational purposes namely exhibitions in the field of food, nutritional health, football, golf and organization of art exhibitions; arranging and conducting of workshops in the fields of health, food and nutrition; organization of sports competitions namely, football and golf competitions; gaming services offered online from a computer network namely, providing online computer games; on-line electronic publishing of books and periodicals; training services, courses, information and education in the fields of sports, evaluation and prevention of health risks and nutrition; training in the field of protection and preservation of the environment and natural resources; education and training related to the preservation of nature, environment and natural resources
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: Ann K. Ford. Other appointed attorneys are Thomas E. Zutic; John M. Nading; David M. Kramer; Ryan C. Compton; Eunice R. Chung; James K.S. Stewart; Naomi E. Abraham; Alberto Z. Zacapa; Devika Persaud. Recognized Canadian attorney(s)/agent(s) is/are Ann K. Ford. Ann K. Ford of DLA Piper LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      500 8th Street NW
      Washington, District of Columbia 20004
      United States
      202-799-4000(phone)
      2027995000(fax)
      dctrademarks@dlapiper.com
The docket/reference number is 387699.
Ann K. Ford 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:

Ann K. Ford

PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $2100 has been submitted with the application, representing payment for 6 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: /David M. Kramer/   Date: 02/04/2022
Signatory's Name: David M. Kramer
Signatory's Position: Attorney of Record, District of Columbia bar member
Signatory's Phone Number: 202-799-4000
Signature method: Sent to third party for signature
Payment Sale Number: 97254072
Payment Accounting Date: 02/04/2022

Serial Number: 97254072
Internet Transmission Date: Fri Feb 04 17:12:55 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202202041712559
49550-97254072-81097594330e9b916623360c1
30c91902c48c6738c83ce5afca14c850a7a02bf-
DA-12552436-20220204164344040596