Application

LUDA

Aliments LUDA Foods Inc.

Trademark/Service Mark Application, Principal Register

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: 97352142
Filing Date: 04/07/2022

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 97352142
MARK INFORMATION
*MARK LUDA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT LUDA
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Aliments LUDA Foods Inc.
*MAILING ADDRESS 6200 Trans Canada Highway
*CITY Pointe Claire, Quebec
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Canada
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
H9R1B9
*EMAIL ADDRESS XXXX
LEGAL ENTITY INFORMATION
TYPE corporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Canada
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS 029 
*IDENTIFICATION Vegan and vegetarian meat substitutes, spreads, namely garlic spreads, vegetable-based spreads, basil spreads, roasted red pepper spreads, sundried tomato spreads, cheese spreads, hummus, onion and cheese spreads, souvlaki spreads, tapenade spreads, garlic butter, caramelized onions, seafood dips, spinach and artichoke dips, snack food dips, meat-based spreads
FILING BASIS SECTION 1(b)
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 030 
*IDENTIFICATION Seasoning mixes; Bread mixes; mirepoix stock concentrate, lobster base concentrate, brine for cooking, garlic purées, minced garlic, ginger purées, mayonnaise, aiolis, sauces, namely marinara sauces, primavera sauces, puttanesca sauces, arrabbiata sauces, alfredo sauces, pizza sauces, garlic dill sauces, ghost pepper sauces, barbecue sauces, maple chipotle sauces, honey garlic sauces, blue cheese sauces, ranch style sauces, chipotle sauces, burrito sauces, jerk sauces, general tao sauces, butter chicken sauces, tikka masala sauces, tzatziki, korma sauces, madras sauces, rogan josh sauces and pestos
FILING BASIS SECTION 1(b)
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 029 
*IDENTIFICATION Soup, soup bases
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/31/2011
       FIRST USE IN COMMERCE DATE At least as early as 10/31/2011
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._Soup_base.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0003.JPG
       SPECIMEN DESCRIPTION picture of soup base package with mark
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 029 
*IDENTIFICATION Soups concentrates, bouillon, bouillon concentrates, broth, broth concentrates
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/07/2007
       FIRST USE IN COMMERCE DATE At least as early as 04/07/2007
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._Soup_concent rate.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0004.JPG
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._Bouillon.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0005.JPG
       SPECIMEN DESCRIPTION picture of soup concentrate package with mark and picture of bouillon contrate package with mark
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 029 
*IDENTIFICATION Fish stock mixes
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/01/2010
       FIRST USE IN COMMERCE DATE At least as early as 04/01/2010
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._Fish_Stock_M ixes.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0006.JPG
       SPECIMEN DESCRIPTION picture of fish stock mix package with mark
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 030 
*IDENTIFICATION Seasonings; Sauce mixes, namely, cheese sauce mixes, meat sauce mixes, vegetable sauce mixes, butter sauce mixes, barbecue sauce mixes, cream sauce mixes, pasta sauce mixes, fruit sauce mixes and dessert sauce mixes
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/31/2011
       FIRST USE IN COMMERCE DATE At least as early as 10/31/2011
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._Sauce_Mixes.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0007.JPG
       SPECIMEN DESCRIPTION picture of sauce mix package with mark
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 030 
*IDENTIFICATION Sauces mixes, gravy sauces, spice mixes, spice rubs, seasoned salt, seafood chowder base mixes
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/07/2007
       FIRST USE IN COMMERCE DATE At least as early as 04/07/2007
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-1-706010898-20220407 113908453098_._Sauce_Mixe s.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0008.JPG
       SPECIMEN DESCRIPTION picture of sauce mix package with mark
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 040 
*IDENTIFICATION Custom manufacture of foods for others
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/07/2007
       FIRST USE IN COMMERCE DATE At least as early as 04/07/2007
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._Our_Services _-_LUDA.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0009.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0010.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0011.JPG
       SPECIMEN DESCRIPTION advertisement of customer product development for foods with mark
        WEBPAGE URL http://luda.ca/services/
        WEBPAGE DATE OF ACCESS 04/06/2022
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
INTERNATIONAL CLASS 043 
*IDENTIFICATION Providing information in the nature of recipes and cooking from a website
FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/28/1999
       FIRST USE IN COMMERCE DATE At least as early as 02/28/1999
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._1-Pot_Everyd ay_Lentil_Soup_-_LUDA_Foo ds_recipe.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0012.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0013.JPG
       ORIGINAL PDF FILE SPE0-706010898-2022040711 3908453098_._A_La_King_Sa uce_for_Vol_au_Vent___LUD A_Foods_recipe.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0014.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0015.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\973\521\97352142\xml1\ APP0016.JPG
       SPECIMEN DESCRIPTION Web pages providing recipes in connection with mark
        WEBPAGE URL http://luda.ca/recipes/everyday-lentil-soup/
        WEBPAGE DATE OF ACCESS 04/06/2022
        WEBPAGE URL http://luda.ca/recipes/a-la-king-sauce-for-vol-au-vent/
        WEBPAGE DATE OF ACCESS 04/06/2022
FILING BASIS SECTION 44(d)
       FOREIGN APPLICATION NUMBER 2159607
       FOREIGN APPLICATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Canada
       FOREIGN FILING DATE 01/12/2022
       INTENT TO
       PERFECT 44(d)
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.
ATTORNEY INFORMATION
NAME Steven N. Terranova
ATTORNEY DOCKET NUMBER 2242-005
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME WITHROW & TERRANOVA, PLLC
STREET 106 Pinedale Springs Way
CITY Cary
STATE North Carolina
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
ZIP/POSTAL CODE 27511
EMAIL ADDRESS patents@wt-ip.com
CORRESPONDENCE INFORMATION
NAME Steven N. Terranova
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE patents@wt-ip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) nperry@wt-ip.com
FEE INFORMATION
APPLICATION FILING OPTION TEAS Standard
NUMBER OF CLASSES 4
APPLICATION FOR REGISTRATION PER CLASS 350
*TOTAL FEES DUE 1400
*TOTAL FEES PAID 1400
SIGNATURE INFORMATION
SIGNATURE /Steven N. Terranova/
SIGNATORY'S NAME Steven N. Terranova
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 9193062271
DATE SIGNED 04/07/2022
SIGNATURE METHOD Sent to third party for signature



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: 97352142
Filing Date: 04/07/2022

To the Commissioner for Trademarks:

MARK: LUDA (Standard Characters, see mark)
The literal element of the mark consists of LUDA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aliments LUDA Foods Inc., a corporation of Canada, having an address of
      6200 Trans Canada Highway
      Pointe Claire, Quebec H9R1B9
      Canada
      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:  Vegan and vegetarian meat substitutes, spreads, namely garlic spreads, vegetable-based spreads, basil spreads, roasted red pepper spreads, sundried tomato spreads, cheese spreads, hummus, onion and cheese spreads, souvlaki spreads, tapenade spreads, garlic butter, caramelized onions, seafood dips, spinach and artichoke dips, snack food dips, meat-based spreads
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 030:  Seasoning mixes; Bread mixes; mirepoix stock concentrate, lobster base concentrate, brine for cooking, garlic purées, minced garlic, ginger purées, mayonnaise, aiolis, sauces, namely marinara sauces, primavera sauces, puttanesca sauces, arrabbiata sauces, alfredo sauces, pizza sauces, garlic dill sauces, ghost pepper sauces, barbecue sauces, maple chipotle sauces, honey garlic sauces, blue cheese sauces, ranch style sauces, chipotle sauces, burrito sauces, jerk sauces, general tao sauces, butter chicken sauces, tikka masala sauces, tzatziki, korma sauces, madras sauces, rogan josh sauces and pestos
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 029:  Soup, soup bases

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 10/31/2011, and first used in commerce at least as early as 10/31/2011, 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) picture of soup base package with mark.

Original PDF file:
SPE0-706010898-2022040711 3908453098_._Soup_base.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 029:  Soups concentrates, bouillon, bouillon concentrates, broth, broth concentrates

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 04/07/2007, and first used in commerce at least as early as 04/07/2007, 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) picture of soup concentrate package with mark and picture of bouillon contrate package with mark.

Original PDF file:
SPE0-706010898-2022040711 3908453098_._Soup_concent rate.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-706010898-2022040711 3908453098_._Bouillon.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 029:  Fish stock mixes

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 04/01/2010, and first used in commerce at least as early as 04/01/2010, 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) picture of fish stock mix package with mark.

Original PDF file:
SPE0-706010898-2022040711 3908453098_._Fish_Stock_M ixes.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 030:  Seasonings; Sauce mixes, namely, cheese sauce mixes, meat sauce mixes, vegetable sauce mixes, butter sauce mixes, barbecue sauce mixes, cream sauce mixes, pasta sauce mixes, fruit sauce mixes and dessert sauce mixes

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 10/31/2011, and first used in commerce at least as early as 10/31/2011, 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) picture of sauce mix package with mark.

Original PDF file:
SPE0-706010898-2022040711 3908453098_._Sauce_Mixes.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 030:  Sauces mixes, gravy sauces, spice mixes, spice rubs, seasoned salt, seafood chowder base mixes

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 04/07/2007, and first used in commerce at least as early as 04/07/2007, 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) picture of sauce mix package with mark.

Original PDF file:
SPE0-1-706010898-20220407 113908453098_._Sauce_Mixe s.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 040:  Custom manufacture of foods for others

In International Class 040, 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 04/07/2007, and first used in commerce at least as early as 04/07/2007, 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) advertisement of customer product development for foods with mark.

Original PDF file:
SPE0-706010898-2022040711 3908453098_._Our_Services _-_LUDA.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://luda.ca/services/
Webpage Date of Access: 04/06/2022

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 043:  Providing information in the nature of recipes and cooking from a website

In International Class 043, 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 02/28/1999, and first used in commerce at least as early as 02/28/1999, 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) Web pages providing recipes in connection with mark.

Original PDF file:
SPE0-706010898-2022040711 3908453098_._1-Pot_Everyd ay_Lentil_Soup_-_LUDA_Foo ds_recipe.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-706010898-2022040711 3908453098_._A_La_King_Sa uce_for_Vol_au_Vent___LUD A_Foods_recipe.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://luda.ca/recipes/everyday-lentil-soup/
Webpage Date of Access: 04/06/2022
Webpage URL: http://luda.ca/recipes/a-la-king-sauce-for-vol-au-vent/
Webpage Date of Access: 04/06/2022

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2159607, filed 01/12/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.




The owner's/holder's proposed attorney information: Steven N. Terranova. Steven N. Terranova of WITHROW & TERRANOVA, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      106 Pinedale Springs Way
      Cary, North Carolina 27511
      United States
      patents@wt-ip.com
The docket/reference number is 2242-005.
Steven N. Terranova 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:
      Steven N. Terranova
       PRIMARY EMAIL FOR CORRESPONDENCE: patents@wt-ip.com
       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nperry@wt-ip.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 $1400 has been submitted with the application, representing payment for 4 class(es).

Declaration

Declaration Signature

Signature: /Steven N. Terranova/   Date: 04/07/2022
Signatory's Name: Steven N. Terranova
Signatory's Position: Attorney of record
Signatory's Phone Number: 9193062271
Signature method: Sent to third party for signature
Payment Sale Number: 97352142
Payment Accounting Date: 04/07/2022

Serial Number: 97352142
Internet Transmission Date: Thu Apr 07 16:31:43 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220407163143484
868-97352142-8209ec1395953b17b6f2f19762d
7793386f69113fed14d557c412fbfc7c6b6f2a-C
C-31420797-20220407113908453098

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