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: 97480154

Filing Date: 06/28/2022

To the Commissioner for Trademarks:

MARK: NOMI (Standard Characters, see mark)
The literal element of the mark consists of NOMI. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hochland SE, a company organized under the laws of Germany, having an address of
      Kemptener Str. 17
      Heimenkirch/Allgäu 88178
      Germany
      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:  Milk; Milk products, in particular cheese, Cheese preparations, Cheese products, Yoghurt (including fruit yoghurt), Yoghurt products, Quark (including containing fruits or spices); Mixed milk beverages (milk predominating); Mixed milk products, milk predominating; Butter; Whey products, included in class 29; Mixed whey products, included in class 29; Desserts based on milk and milk products, in particular desserts made from yoghurt, quark and cream; Dairy substitutes based on vegetable fats, in particular for all the aforesaid dairy products (other than milk); Milk products, especially the aforesaid dairy products, made using recombinant proteins.

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 European Union Trademark - EUTM application number 018629702, filed 12/29/2021.
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 032:  Whey beverages; Whey beverages, made using recombinant proteins.

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 European Union Trademark - EUTM application number 018629702, filed 12/29/2021.
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 035:  Retail and wholesale services, in relation to the following goods: Milks, Milk products, in particular cheese, Cheese preparations, preparations Of cheese, yoghurt (including fruit yoghurt), yoghurt goods, quark (including containing fruits or spices); Retail and wholesale services, in relation to the following goods: Mixed milk beverages, milk predominating, mixed milk products, milk predominating, Butter, Whey products, mixed whey products, Dairy puddings and desserts based on milk products, Especially Desserts of yoghurt, quark and cream; Retail and wholesale services, in relation to the following goods: Dairy substitutes, Especially, Substitutes for the aforesaid dairy products: Cheese, Cheese preparations, Goods of cheese, yoghurt (including fruit yoghurt), yoghurt goods, quark (including containing fruits or spices) based on vegetable fats; Retail and wholesale services, in relation to the following goods: Dairy substitutes, Especially, Dairy substitutes for the following goods: mixed milk beverages, milk predominating, mixed milk products, milk predominating, Butter, Whey products, mixed whey products, Dairy puddings and desserts based on milk products, Especially Desserts of yoghurt, quark and cream; Retailing and wholesaling relating to the following goods: milk and dairy products, in particular the aforesaid dairy products: cheese preparation, goods of cheese, yoghurt (including fruit yoghurt), yoghurt goods, quark (including containing fruits or spiced), mixed milk beverages, milk predominating, mixed milk products, milk predominating, butter, whey products, mixed whey products, desserts based on milk and dairy products, in particular desserts of yoghurt, quark and cream, made using recombinant proteins; Retail and wholesale services, in relation to the following goods: Whey beverages; Retailing and wholesaling relating to the following goods: whey beverages, made using recombinant proteins.

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 European Union Trademark - EUTM application number 018629702, filed 12/29/2021.
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: B. Anna McCoy. Other appointed attorneys are John D. Russell, Donald Lewis, James Douglas Wells, Justin D. Wagner, Devon Jenkins. B. Anna McCoy of McCoy Russell 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
      SUITE 201
      1410 NW Johnson Street
      Portland, Oregon 97209
      United States
      971-271-8020(phone)
      971-271-8021(fax)
      tmmail@mccrus.com
The docket/reference number is LSG22408US.
B. Anna McCoy 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:

B. Anna McCoy

PRIMARY EMAIL FOR CORRESPONDENCE: tmmail@mccrus.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Anna@mccrus.com; duprestka@mccrus.com; penfield@mccrus.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: /B. Anna McCoy/   Date: 06/28/2022
Signatory's Name: B. Anna McCoy
Signatory's Position: Attorney for Applicant, Oregon Bar Member
Signatory's Phone Number: 971-271-8020
Signature method: Sent to third party for signature
Payment Sale Number: 97480154
Payment Accounting Date: 06/28/2022

Serial Number: 97480154
Internet Transmission Date: Tue Jun 28 19:04:19 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202206281904196
58525-97480154-820be6cf6b620437110b93d4b
a2288cc89ca1f13913b022a32e7e93b7e5c656ec
-DA-04192486-20220628144018518393