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: 97294234

Filing Date: 03/03/2022

To the Commissioner for Trademarks:

MARK: DAISY BRAND (stylized and/or with design, see mark)
The literal element of the mark consists of DAISY BRAND. The color(s) red, blue is/are claimed as a feature of the mark. The mark consists of the stylized word "DAISY", in a red font, with the stylized word "BRAND", in a smaller blue font, in stacked formation with the letter "I" in the word "DAISY" dotted with a daisy design.
The applicant, Daisy Brand, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      12750 Merit Drive, Suite 600
      Dallas, Texas 75251
      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:  Dairy products, namely sour cream

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 00/00/1992, and first used in commerce at least as early as 00/00/1992, 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) Screenshot of online catalog with pricing and add-to-cart button along with photographs of actual product container showing mark..
Specimen File1
Webpage URL: http://www.walmart.com/ip/Daisy-Pure-and-Natural-Sour-Cream-Regular-16-ounces/10309449?wmlspartner=wlpa&selectedSellerId=0&wl13=3284&adid=2222222227710309449_117755028669_12420145346&wmlspartner=wmtlabs&wl0=&wl1=g&wl2=c&wl3=501107745824&wl4=pla-293946777986&wl5=9026903&wl6=&wl7=&wl8=&wl9=pla&wl10=8175035&wl11=local&wl12=10309449&wl13=3284&veh=sem_LIA&gclid=Cj0KCQiA64GRBhCZARIsAHOLriLcZU9N1wc_BFZfAHEcMTKsulqocFON7_BncvmMUMAUVmImwVlVyscaAntlEALw_wcB&gclsrc=aw.ds
Webpage Date of Access: 03/03/2022



Disclaimer
No claim is made to the exclusive right to use BRAND apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3286724, 3371255, 3371256, and others.


The owner's/holder's proposed attorney information: Kay Lyn Schwartz. Other appointed attorneys are All other Attorneys at Foley & Lardner LLP. Kay Lyn Schwartz of Foley & Lardner 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
      2021 MCKINNEY AVENUE, SUITE 1600
      DALLAS, Texas 75201
      United States
      214-999-4702(phone)
      214-999-4667(fax)
      ipdocketing@foley.com
The docket/reference number is 610747-3041.
Kay Lyn Schwartz 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:

Kay Lyn Schwartz

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kschwartz@foley.com; jkemnitz@foley.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: /Kay Schwartz/   Date: 03/03/2022
Signatory's Name: Kay Lyn Schwartz
Signatory's Position: Attorney of Record - Texas Bar Member
Signatory's Phone Number: 214-999-4702
Signature method: Sent to third party for signature
Payment Sale Number: 97294234
Payment Accounting Date: 03/03/2022

Serial Number: 97294234
Internet Transmission Date: Thu Mar 03 17:47:35 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202203031747355
47044-97294234-820bdf04f399e8d7a886cc29c
b2e5e44e4889439315abc36b4a13de1835936355
-CC-47340240-20220303150818604117