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: 97383770

Filing Date: 04/27/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) peach, light blue, white, brown, dark blue and black is/are claimed as a feature of the mark. The mark consists of a stylized smiling man, with peach colored skin, light blue and white eyes and brown eyebrows, white shoulder-length hair, wearing a dark blue wide-brimmed hat, a dark blue coat that has two black buttons, and a white cravat.
The applicant, The Quaker Oats Company, a corporation of New Jersey, having an address of
      Suite 350N
      433 W Van Buren St
      Chicago, Illinois 60607
      United States
      312-821-1408(phone)
      312-821-1316(fax)
      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 009:  Virtual food products; digital media, namely, artwork, text, audio, video and/or non-fungible tokens.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5728470.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


The owner's/holder's proposed attorney information: Janet Silverberg. Other appointed attorneys are Jeanette S. Zimmer. Janet Silverberg of PepsiCo, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      7701 Legacy Drive
      Plano, Texas 75024
      United States
      312-821-1408(phone)
      312-821-1316(fax)
      janet.silverberg@pepsico.com

Janet Silverberg 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:

Janet Silverberg

PRIMARY EMAIL FOR CORRESPONDENCE: janet.silverberg@pepsico.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@pepsico.com; celeste.ploog@pepsico.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: /janet silverberg/   Date: 04/27/2022
Signatory's Name: Silverberg, Janet
Signatory's Position: Attorney of Record; IL Bar Member
Signatory's Phone Number: 312-821-1408
Signature method: Sent to third party for signature
Payment Sale Number: 97383770
Payment Accounting Date: 04/27/2022

Serial Number: 97383770
Internet Transmission Date: Wed Apr 27 11:30:07 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202204271130072
97060-97383770-820a9a25e9c66cec59771d3d0
a633440849d3d295aa6775a9e1657332c9bd74-D
A-30071195-20220427103708107931