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: 97420863

Filing Date: 05/20/2022

To the Commissioner for Trademarks:

MARK: CHIQUITA (stylized and/or with design, see mark)
The literal element of the mark consists of CHIQUITA. The color(s) Yellow, blue and white is/are claimed as a feature of the mark. The mark consists of A DESIGN OF A LADY WITH FRUITED HAT ABOVE THE WORDING "CHIQUITA", ALL WITHIN AN OVAL, WHERE THE DESIGN OF THE LADY AND THE INSIDE BORDER OF THE OVAL IS IN THE COLOR YELLOW, THE WORDING "CHIQUITA" IS IN THE COLOR WHITE, AND THE BACKGROUND OF THE OVAL IS IN THE COLOR BLUE.
The applicant, CHIQUITA BRANDS L.L.C., a limited liability company legally organized under the laws of Delaware, having an address of
      DCOTA OFFICE CENTER
      1855 GRIFFIN ROAD - SUITE C-436
      FORT LAUDERDALE, Florida 33004-2275
      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 009:  Downloadable virtual food and beverage products; downloadable multimedia files containing artwork, text, audio and video relating to foods and beverages, authenticated by non-fungible tokens; downloadable virtual goods, namely, non-fungible tokens (NFTs), digital tokens, digital collectibles, and digital art; downloadable loyalty cards and incentive cards for use in connection with the purchase of food and drink in the virtual and real world
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 035:  Online retail services featuring non-fungible tokens (NFTs) and other virtual goods, namely food and beverage products; providing incentive award programs for customers in the virtual and real world; organizing and conducting events for commercial purposes in the virtual reality
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 042:  Entertainment services, namely, providing online non-downloadable virtual food and drink items for use in virtual environments; entertainment services, namely, providing online non-downloadable software featuring non-fungible tokens (NFTs) and other virtual goods of the food and beverage sector
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) 0670320, 0711622, 1478925, and others.

Translation
The English translation of CHIQUITA in the mark is little girl.


The owner's/holder's proposed attorney information: Jeffrey A. Wakolbinger. Other appointed attorneys are Floyd A. Mandell, Kristin J. Achterhof, Tanya L. Curtis, Carolyn M. Passen, Julia L. Mazur, Jeff Wakolbinger and all other attorneys of the firm Katten Muchin Rosenman. Jeffrey A. Wakolbinger of Katten Muchin Rosenman 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
      525 West Monroe Street
      Chicago, Illinois 60661
      United States
      312-902-5570(phone)
      deborah.wing@katten.com
The docket/reference number is 393627-3.
Jeffrey A. Wakolbinger 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:

Jeffrey A. Wakolbinger

PRIMARY EMAIL FOR CORRESPONDENCE: deborah.wing@katten.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chi-tmuspto@katten.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 $1050 has been submitted with the application, representing payment for 3 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: /Claire Anne Dysli Wermeille/   Date: 05/20/2022
Signatory's Name: Claire Anne Dysli Wermeille
Signatory's Position: Head of Legal and Corporate Secretary
Signatory's Phone Number: +41795235077
Signature method: Sent to third party for signature
Payment Sale Number: 97420863
Payment Accounting Date: 05/20/2022

Serial Number: 97420863
Internet Transmission Date: Fri May 20 11:57:09 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2022052011570980
0668-97420863-8201285b949576ec94a2629f05
632762e993b8be93c13d8f513d9d092277127c6-
DA-57090634-20220520085356475682