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: 97519381

Filing Date: 07/25/2022

To the Commissioner for Trademarks:

MARK: NUDGE (stylized and/or with design, see mark)
The literal element of the mark consists of NUDGE. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording "NUDGE" displayed in lowercase.
The applicant, The Whole Coffee Company LLC, a limited liability company legally organized under the laws of Florida, having an address of
      1130 NW 159th Drive
      Miami, Florida 33169
      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 030:  Edible coffee-based spreads; snacks in the nature of coffee products, namely, coffee-based spreads, coffee candies, coffee-based bars, and coffee-based confectionaries; coffee-based spreads; coffee-based snacks and candy.

In International Class 030, 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 04/04/2022, and first used in commerce at least as early as 04/04/2022, 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) website screenshots and a digital image of product displaying prominent use of the applied-for mark.

Original PDF file:
SPE0-73106215144-20220725 115436685899_._NUDGE_Spec imens.pdf
Converted PDF file(s) (9 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Webpage URL: http://eatnudge.com/
Webpage Date of Access: 07/25/2022



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6065465.


The owner's/holder's proposed attorney information: Daniel E. Sineway. Other appointed attorneys are all other attorneys of Morris, Manning & Martin, LLP. Daniel E. Sineway of Morris, Manning & Martin, 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
      1600 Atlanta Financial Center
      3343 Peachtree Rd. NE
      Atlanta, Georgia 30326
      United States
      404-233-7000(phone)
      404-365-9532(fax)
      ipdocket@mmmlaw.com
The docket/reference number is 34702-150418.
Daniel E. Sineway 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:

Daniel E. Sineway

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mmmlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aklein@mmmlaw.com; dsineway@mmmlaw.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: /Tom Ferguson/   Date: 07/25/2022
Signatory's Name: Tom Ferguson
Signatory's Position: CEO
Signatory's Phone Number: 404-233-7000
Signature method: Sent to third party for signature
Payment Sale Number: 97519381
Payment Accounting Date: 07/25/2022

Serial Number: 97519381
Internet Transmission Date: Mon Jul 25 21:32:58 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202207252132588
52923-97519381-8209c02b1022a4919d6b73f76
7b1ace52109dff80452ae9f79a5329e578d68689
-DA-32583864-20220725115436685899