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: 97608745

Filing Date: 09/27/2022

To the Commissioner for Trademarks:

MARK: MCCAIN REGEN FRIES (Standard Characters, see mark)
The literal element of the mark consists of MCCAIN REGEN FRIES. The mark consists of standard characters, without claim to any particular font style, size, or color.
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 009:  Virtual reality software for education in the field of regenerative agriculture; educational software containing topics of instruction in the field of regenerative agriculture; Proof of Attendance Protocols (POAPs) and non-fungible token (NFT) badges; computer programs featuring food for use in online virtual worlds and food ordering and delivery in the real world; computer games; computer programs featuring badges for use in online virtual worlds; computer programs featuring clothes and accessories for use in online virtual worlds; computer programs featuring stickers for use in online virtual worlds; virtual reality games
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 2211781, filed 09/22/2022.
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 016:  Stickers
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 2211781, filed 09/22/2022.
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 025:  Casual clothing, hats and caps
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 2211781, filed 09/22/2022.
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 029:  Baked potatoes; cheese dips; dehydrated potatoes; french fries; fried potatoes; fried potatoes in the form of cubes; frozen vegetables; frozen vegetables in batter; hash brown potatoes; instant mashed potato; mashed potatoes; mixed vegetables; onion rings; potato based snack foods; potato croquettes; potato flakes; potato pancakes; potato puffs; potato skins; prepared and packaged meals consisting primarily of cooked fruits and vegetables; snack food dips; vegetable based snack foods; vegetable-based dips
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 2211781, filed 09/22/2022.
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 035:  Advertising the goods and services of others through all public communication means; promoting the sale of goods and services of others through promotional contests provided over the internet
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 2211781, filed 09/22/2022.
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 041:  Entertainment services, namely, providing on-line, non-downloadable virtual clothing, outerwear, headwear, and footwear, for use in virtual environments
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 2211781, filed 09/22/2022.
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 042:  Providing temporary use of non-downloadable non-fungible tokens (NFTs)
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 2211781, filed 09/22/2022.
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 043:  Operating retail food trucks
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 2211781, filed 09/22/2022.
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 044:  Regenerative agriculture 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.

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 2211781, filed 09/22/2022.
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.188.
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 $3150 has been submitted with the application, representing payment for 9 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: 09/27/2022
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: 97608745
Payment Accounting Date: 09/27/2022

Serial Number: 97608745
Internet Transmission Date: Tue Sep 27 14:10:29 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202209271410309
54444-97608745-8202afb7f37144dad846327f3
40b63044fbd92ce4f4daf16ee8788596edcc545-
CC-10294305-20220927092323022761