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: 97503425

Filing Date: 07/14/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a circle with two diagonal lines coming from the top towards the center of the circle.
The applicant, Milk Specialties Company, a corporation of Delaware, having an address of
      Suite 500
      7500 Flying Cloud Drive
      Eden Prairie, Minnesota 55344
      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 040:  Custom manufacturing of nutritional and dietary supplement products for humans and animals, animal feed supplements and animal feed supplement ingredients, high protein snacks and cereals, nutritional additives for food and beverage products, dairy and plant and isolates, proteins, fats, and oils

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 01/01/1986, and first used in commerce at least as early as 01/01/1986, 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) Advertising materials and screenshot of the Applicant's website displaying the mark in connection with the services.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-207250219130-2022070 1145105888016_._MSG_-_CL_ 40_Specimen.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.milkspecialties.com/animal-nutrition/private-label-milk-replacer/
Webpage Date of Access: 06/10/2022




The owner's/holder's proposed attorney information: Timothy D. Sitzmann. Other appointed attorneys are Michael T. Olsen, Nadeem W. Schwen, Alicia G. Mills, Brian R. Pollack, Megan M. Miller, Paston A. Fleming. Timothy D. Sitzmann of Winthrop & Weinstine, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Capella Tower, Suite 3500
      225 South Sixth Street
      Minneapolis, Minnesota 55402
      United States
      612-604-6689(phone)
      trademark@winthrop.com
The docket/reference number is 19767.
Timothy D. Sitzmann 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:

Timothy D. Sitzmann

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tsitzmann@winthrop.com; jbriley@winthrop.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: /Benjamin J. Kroeplin/   Date: 07/14/2022
Signatory's Name: Benjamin J. Kroeplin
Signatory's Position: Sr. Marketing Manager
Signatory's Phone Number: 6519678857
Signature method: Sent to third party for signature
Payment Sale Number: 97503425
Payment Accounting Date: 07/14/2022

Serial Number: 97503425
Internet Transmission Date: Thu Jul 14 14:59:48 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20220714145948
424128-97503425-8208e7764c0bc18d031c67a4
381f576d5f02f9464d8c9d4cb8e64108e2e95484
a-CC-59473861-20220707155307862075