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: 97544813

Filing Date: 08/11/2022

To the Commissioner for Trademarks:

MARK: OAKBERRY SUPERFOODS (Standard Characters, see mark)
The literal element of the mark consists of OAKBERRY SUPERFOODS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, OAKBERRY ACAI INC., a corporation of Florida, having an address of
      3802 NE 207th St., 2301
      Aventura, Florida 33180
      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 029:  Ground almonds; Processed peanuts; Canned peanuts; Roasted peanuts; Spicy peanuts; Prepared hazelnuts; Potato flakes; Fried potatoes; Low-fat fried thinly sliced potatoes; Fermented milk drinks; Almond milk-based beverages; Dairy-based beverages; Milk beverages, milk predominating; Dairy-based beverages; Meat; Processed cashew nuts; Jams; Cold cuts; Frozen fruits; Cooked fruits; Candied fruits; Canned fruit; Cooked fruits and vegetables; Dried fruits and vegetables; Citrus fruit jellies; Jellies for food; Beef patties; Beef burger patties; Yogurt; Dairy products; Pressed fruit paste; Pieces of fruit; Fruit-based snack food; Acai pulps; Fruit pulps; Cheeses; Fruit salads; Dried grapes; Raisins; Processed Brazil nuts
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 030:  Roasted nuts, namely, almonds; Sweet peanuts; Cereal bars; Coffee-based beverages; Tea-based beverages; Cocoa beverages with milk; Tea-based beverages with milk; Cookies; Tea; Confectioneries; Sweets ice cream; Frozen yogurt; Yogurt-based ice cream; Sorbets; Ice cream drinks.
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 032:  Water beverages; Non-alcoholic energy drinks; Non-alcoholic fermented beverages; Energy drinks; Isotonic drinks; Non-alcoholic beverages; Fruit-based non-alcoholic beverages; Protein enriched sports drinks; Non-alcoholic fruit extracts used in the preparation of beverages; Lemonades; Fruit nectars, non-alcoholic; Fruit nectars; Smoothies; Fruit and vegetable-based drink; Fruit juices.
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 043:  Cafeteria services; Restaurant services.
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.



The owner's/holder's proposed attorney information: Sean F. Mellino. Other appointed attorneys are D. Peter Hochberg; James J. Pingor; Kristina M. Schiavone; and all other attorneys associated with Walter | Haverfield LLP. Sean F. Mellino of Walter | Haverfield 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
      The Tower at Erieview
      1301 E. NINTH ST., SUITE 3500
      CLEVELAND, Ohio 44114
      United States
      216-781-1212(phone)
      Trademarks@walterhav.com
The docket/reference number is 34057-002US2.
Sean F. Mellino 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:

Sean F. Mellino

PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@walterhav.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smellino@walterhav.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 $1400 has been submitted with the application, representing payment for 4 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: /FBV/   Date: 08/11/2022
Signatory's Name: Felipe Barreto Veiga
Signatory's Position: Legal representative
Signatory's Phone Number: +551140811900
Signature method: Sent to third party for signature
Payment Sale Number: 97544813
Payment Accounting Date: 08/11/2022

Serial Number: 97544813
Internet Transmission Date: Thu Aug 11 15:05:30 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.X-202208111505309996
85-97544813-82066231ab62253ad44f28bac1fc
c78fa2406cfcb07683713792259c52bc7b6-CC-0
5293961-20220728112209291367