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: 97704189

Filing Date: 12/05/2022

To the Commissioner for Trademarks:

MARK: BRAINIAC (Standard Characters, see mark)
The literal element of the mark consists of BRAINIAC. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Ingenuity Foods, Inc., a corporation of Delaware, having an address of
      449 Forbes Blvd.
      South San Francisco, California 94080
      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 005:  Infant formula; toddler formula, namely, baby foods; meal replacement snacks adapted for medical use for babies; powdered nutritional supplement drink mixes; teething biscuits in the nature of baby food; teething bars in the nature of baby food; teething cookies in the nature of baby food
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 029:  Freeze-dried fruit; non-dairy yogurt; nut-based yogurt substitutes; milk; flavored milk; cheese; cheese substitutes; cottage cheese; sour cream; cream cheese; cream; soy milk; chickpea milk; pea milk; rice milk; almond milk; algae milk; coconut milk; hemp milk; peanut milk; cheese sticks in the nature of cheese sold in stick form; processed cheese; egg substitutes; puffed vegetable snacks; snack food primarily consisting of fruits and nuts; fruit and nut butter combination snack foods; fruit-based raw food bars; vegetable-based raw food bars; soy-based food bars; processed seafood-based food bars; fruit-based food snacks also containing vegetables and coconut milk for babies and children; freeze-dried fruits and vegetables in the form of a chip; vegetable purees; processed fruit sold in small containers cups; canned diced fruit; hummus and hummus chick pea paste; frozen hand-held meals consisting primarily of meat, fish, poultry, or vegetables; prepared hand-held meals consisting primarily of meat, fish, poultry or vegetables; packaged hand-held meals consisting primarily of meat, fish, poultry, or vegetables; meat-based snack foods; meat-based food bars; jerky; fish purees; pizza nuggets in the nature of frozen breaded chicken nuggets with pizza flavoring; chicken nuggets; hot dog nuggets in the nature of hot dog sausages; chick pea-based food bars
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:  Breakfast cereal; processed cereals; granola; oatmeal; granola-based snack bars; frozen handheld meals consisting primarily of rice or grains; prepared hand-held meals consisting primarily of rice or grains; packaged hand-held meals consisting primarily of rice or grains; crackers; cracker and nut butter combination snack foods; cookies; rice cakes; pretzels; tortilla chips; puffed corn snacks; puffed grain snacks; pancakes; waffles; French toast; sandwiches; breakfast sandwiches; bread; ice cream; ice milk; plant-based ice cream made with coconut, almond, or algae; pasta; packaged meal mixes consisting primarily of pasta or rice; yogurt-based snack foods, namely, yogurt-covered granola bars, yogurt-covered nut-based food bars, yogurt-covered seed-based food bars, yogurt-covered breakfast cereal bars, yogurt-covered soft-baked granola bars, yogurt-covered fruit-filled bars, yogurt-covered protein cereal bars, yogurt-covered nuts, yogurt-covered pretzels, and yogurt-covered fruit; yogurt-covered potato chips as confectionery
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: John C. Baum. Other appointed attorneys are all other attorneys with the firm. John C. Baum of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-322-5200(phone)
      tmcentral@pirkeybarber.com
The docket/reference number is INGE004US3.
John C. Baum 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:

John C. Baum

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jbaum@pirkeybarber.com; jhinkson@pirkeybarber.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 $1050 has been submitted with the application, representing payment for 3 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: /mark brooks/   Date: 12/05/2022
Signatory's Name: Mark Brooks
Signatory's Position: co-CEO
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97704189
Payment Accounting Date: 12/05/2022

Serial Number: 97704189
Internet Transmission Date: Mon Dec 05 17:09:49 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20221205170951
340247-97704189-8508645192f772f489b69224
bb3c881237c1f785d6a0549e135ae02c22c25d22
3f-CC-09494460-20221205143707157000