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: 97588755

Filing Date: 09/13/2022

To the Commissioner for Trademarks:

MARK: ACCENT (Standard Characters, see mark)
The literal element of the mark consists of ACCENT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Barry Callebaut AG, a aktiengesellschaft legally organized under the laws of Switzerland, having an address of
      Hardturmstrasse 181
      Zurich 8005
      Switzerland
      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:  Cocoa; powdered cocoa; cocoa derived products namely cocoa spread, cocoa butter, cocoa powder, chocolate candy; chocolate; chocolate based products namely chocolate cake, chocolate pastes, chocolate mousse, chocolate-based spreads; Chocolate toppings, namely chocolate topping; chocolate toppings; chocolate-based fillings; chocolate paste; instant cocoa; chocolate syrup; soft chocolate caramel; Chocolate decorations for cakes; sweets for cake decorating; edible decorations for cakes; chocolate covered nut ; chocolate sprinkles; chocolate confectionery; almond-based confectionery; confectionery fondants; chocolate candy; bakery goods namely, biscuits and cookies, backing chocolate, Biscuits, cookies and ice cream, Chocolate cupcakes, Chocolate pies; Instant baking mixes, namely instant pancake mixes, instant donut mixes, cake mixes, muffin mixes, cookie mixes, baking powder, biscuit mixes, chocolate mousse mixes; Chocolate toppings for bakery products, namely filled chocolate, chocolate sauce, chocolate coating, chocolate chips, chocolate syrup, chocolate spreads; pastry; chocolate pastries; ice cream; Chocolate desserts namely chocolate cake, chocolate chip cookies; chocolate-based preparations for making beverages; chocolate decorations for cakes; chocolate couvertures; chocolate based beverages; cocoa based beverages

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 11/00/2020, and first used in commerce at least as early as 11/00/2020, 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) Digital copy of customer facing presentation, digital brochure, and screenshot of website.

Original PDF file:
SPE0-655138130-2022090913 5016767431_._22-08-11_CO1 37311_ACCENT_-_Brochure_N ov_2020.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-655138130-2022090913 5016767431_._2-08-11_CO13 7311_ACCENT_-_Customer_fa cing_presentation__002_.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
Original PDF file:
SPE0-655138130-2022090913 5016767431_._hts-accent-n ew-confection-solution-ra nge-2022-09-09-13_56_45.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: http://www.barry-callebaut.com/en-US/manufacturers/trends-insights/accent-new-confection-solution-range
Webpage Date of Access: 09/09/2022



The owner's/holder's proposed attorney information: Gene S. Winter. Other appointed attorneys are Stephen P. McNamara, Fritz L. Schweitzer, Jr., Fritz L. Schweitzer III, Steven B. Simonis, Tatyana Voloshchuk, Jonathan A. Winter, Michael A. Cornman and Samantha M. Gerold. Gene S. Winter of St. Onge Steward Johnston & Reens LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      986 Bedford Street
      Stamford, Connecticut 06905-5619
      United States
      203-324-6155(phone)
      203-327-1096(fax)
      tm-pto@ssjr.com
The docket/reference number is 08161-T0002A.
Gene S. Winter 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 hereby appoints Gene S. Winter of St. Onge Steward Johnston & Reens LLC
      986 Bedford Street
      Stamford Connecticut 06905-5619
      United States
      203-324-6155(phone)
      203-327-1096(fax)
      tm-pto@ssjr.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Gene S. Winter

PRIMARY EMAIL FOR CORRESPONDENCE: tm-pto@ssjr.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Gene S. Winter/   Date: 09/13/2022
Signatory's Name: Gene S. Winter
Signatory's Position: Attorney of record, Connecticut bar member
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97588755
Payment Accounting Date: 09/13/2022

Serial Number: 97588755
Internet Transmission Date: Tue Sep 13 11:15:08 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20220913111510132
879-97588755-82075789c3690f882a9fa1c781e
77449a4d49d853d80189c46869b17a8b80612c-C
C-15081422-20220913072138627843