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: 97599331

Filing Date: 09/20/2022

To the Commissioner for Trademarks:

MARK: V ' D G Z (stylized and/or with design, see mark)
The literal element of the mark consists of V ' D G Z. The applicant is not claiming color as a feature of the mark. The mark consists of the letters "VDGZ" in stylized font with a leaf positioned between the "V" and "D".
The applicant, McCain Foods Limited, a corporation of Canada, having an address of
      8800 Main Street
      Florenceville-Bristol
      New Brunswick E7L1B2
      Canada
      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:  Processed fruits, vegetables, legumes, pulses, nuts and seeds; Vegetable products; Vegetable-based products; Fruit products and fruit-based products; Processed fruit and vegetable products, namely, frozen, chilled, dehydrated, battered, breaded, coated, dusted processed fruits and vegetables; Vegetable-based dumplings; Frozen prepared meals, prepared meals and entrees; Appetizers, snacks (including dips and spreads) and side dishes consisting primarily of vegetables, fruits, herbs, flowers, legumes, pulses, grains, seeds, nuts, seed butter, nut butter, sauces, creams, cheese, dairy substitutes, cheese substitutes, milk substitutes, egg substitutes, meat substitutes, poultry substitutes, seafood substitutes and plant-based dairy substitutes
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.

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 Canada application number 2210564, filed 09/19/2022.
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 030:  Taquitos, spring rolls, quesadillas, flour-based dumplings, samosas; Sauces used as dips; Filled baked dough products in the nature of dough-enrobed foods consisting of a dough-based wrapper with filling consisting primarily of vegetables, fruits, herbs, flowers, legumes, pulses, grains, seeds, nuts, seed butter, nut butter, sauces, creams, cheese, dairy substitutes, cheese substitutes, milk substitutes, egg substitutes, meat substitutes, poultry substitutes, seafood substitutes and plant-based dairy substitutes; Dough and bread consisting primarily of vegetables, fruits, herbs, flowers, legumes, pulses, grains, seeds, nuts, seed butter, nut butter, sauces, creams, cheese, dairy substitutes, cheese substitutes, milk substitutes, egg substitutes, meat substitutes, poultry substitutes, seafood substitutes and plant-based dairy substitutes
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.

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 Canada application number 2210564, filed 09/19/2022.
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: THOMAS M. PALISI. Other appointed attorneys are Ryan L. Bergeron, Michael C. Bossner, April M. Capati, Daniela Caro-Esposito, Melanie A. Chernoff, Orville R. Cockings, Jonathan A. David, William A. Di Bianca, Craig Drachtman, Russell W. Faegenburg, Alex Ganescu, Gregory S. Gewirtz, Keith E. Gilman, Kendall K. Gurule, Joseph Hajjar, Jayla Harvey, Charles H. Humkey, Kelly Y. Hwang, Joseph H. Karlin, Charles P. Kennedy, Paul H. Kochanski, Kevin M. Kocun, David J. Kohn, Arnold H. Krumholz, Daniel P. Laine, Andrew T. Lane, David G. Leach, Joseph S. Littenberg, Keith J. McWha, Mitesh Mehta, William L. Mentlik, Marcus J. Millet, Nahoko Ono, Sameer K. Pai, Thomas M. Palisi, Gregg A. Paradise, Wilfred V. Patrick, Bruno Polito, Gregory M. Reilly, Natalie S. Richer, Jordan T. Riviello, Stephen F. Roth, Bruce H. Sales, Michael H. Teschner, Brian R. Tomkins, James A. Vezeris and Lingyan Wang. THOMAS M. PALISI of LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK 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
      20 Commerce Drive
      Cranford, New Jersey 07016
      United States
      908-654-5000(phone)
      908-654-7866(fax)
      trademarkadmin@lernerdavid.com
The docket/reference number is MCCLTD.190.
THOMAS M. PALISI 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 THOMAS M. PALISI of LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK LLP
      20 Commerce Drive
      Cranford New Jersey 07016
      United States
      908-654-5000(phone)
      908-654-7866(fax)
      trademarkadmin@lernerdavid.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:

THOMAS M. PALISI

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkadmin@lernerdavid.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 $700 has been submitted with the application, representing payment for 2 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: /Thomas M. Palisi/   Date: 09/20/2022
Signatory's Name: THOMAS M. PALISI
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 908-654-5000
Signature method: Sent to third party for signature
Payment Sale Number: 97599331
Payment Accounting Date: 09/20/2022

Serial Number: 97599331
Internet Transmission Date: Tue Sep 20 17:22:08 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202209201722100
75567-97599331-82027cdebc413e795381e7fc1
d51b4071d54395e588e920136696f0841affeacb
86-CC-22083987-20220920162839145793