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: 97387403

Filing Date: 04/28/2022

To the Commissioner for Trademarks:

MARK: HERBALAND GUMMIES GOOD NEWS GUMMIES (stylized and/or with design, see mark)
The literal element of the mark consists of HERBALAND GUMMIES GOOD NEWS GUMMIES. The mark consists of the stylized word HERBALAND in which a lead design appears above the letter L; below appears a horizontal line extending from the initial H to underline through the letter A; a smaller stylized wording GUMMIES appears under LAND; below this design appears the stylized wording GOOD NEWS above the stylized wording GUMMIES.
The applicant, Herbaland Naturals Inc., a corporation of Canada, having an address of
      13330 Maycrest Way
      Richmond, BC V6V2J7
      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:  plant-based snack food

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 2181829, filed 04/27/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 030:  grain-based snack food; high-fiber snack food

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 2181829, filed 04/27/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean, Curt Lockhart. Nicholas D. Wells of Legends Law Group, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      330 Main St
      Kaysville, Utah 84037
      United States
      801-337-4500(phone)
      nwells@legendslaw.com
The docket/reference number is 5200.269.
Nicholas D. Wells 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:

Nicholas D. Wells

PRIMARY EMAIL FOR CORRESPONDENCE: nwells@legendslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@legendslaw.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 $700 has been submitted with the application, representing payment for 2 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: /Nicholas Wells/   Date: 04/28/2022
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 801-337-4500
Signature method: Signed directly within the form
Payment Sale Number: 97387403
Payment Accounting Date: 04/28/2022

Serial Number: 97387403
Internet Transmission Date: Thu Apr 28 19:31:17 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXX:XXXX:XXX:XXXX:XX
XX:XXXX-20220428193117710420-97387403-82
0c3996f8315da193eab9a4ce7d48646e16494d1b
39c6ea2b34b8ce66d6d1fb57-CC-31162051-202
20428192227250315