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: 97803746

Filing Date: 02/21/2023

To the Commissioner for Trademarks:

MARK: HONG KONG PRETTY HEART MOONCAKES (stylized and/or with design, see mark)
The literal element of the mark consists of HONG KONG PRETTY HEART MOONCAKES. The applicant is not claiming color as a feature of the mark. The mark consists of six Chinese characters, the first two of which are vertically stacked and smaller than the rest.
The applicant, Maxim's Caterers Limited, a limited liability company legally organized under the laws of Hong Kong, having an address of
      18/F Maxim's Ctr. No.17 Cheung Shun St.
      Kowloon
      Hong Kong
      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 016:  Printed matter, namely, newspapers, photographs; printed matter, namely, magazines, manuals, periodicals, publications in the nature of informational brochures, and handbooks all in the field of cooking, baking and the food industry; printed paper, namely, information pamphlets in the field of cooking, baking and the food industry, paper sheets for note taking and stationery, paper gift wrapping ribbons, wrapping paper, and packaging materials made of paper; coupons; cardboard; writing materials, namely, writing books, drawing books, and writing pads
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:  Coffee, tea and tea products, namely, dried tea leaves, beverages made from tea, English tea, in the nature of black tea, green tea, fruit tea, iced tea, Japanese green tea and lime tea; Chinese tea, namely, oolong tea, tea substitutes, tea based beverages with fruit flavorings; cocoa; flavourings, other than essential oils, for soups; bread; biscuits; cakes; confectionery made of sugar; confectionery chips for baking; peanut butter confectionery chips; peppermint for confectionery; breakfast cereals; processed cereals; processed grains; pasta; cooked rice mixed with vegetables; cookies; Chinese cakes and Western style cakes; moon cakes; egg rolls; Chinese dumplings; chocolate; bread sticks; pancakes; frozen desserts, namely, frozen confections; ice-cream; puddings; pastry and confectionery, namely, confectionery made of sugar; macaroni, spaghetti, noodles; honey; treacle; spices; horseradish sauces; condiment sauces; salad dressing; mayonnaise; ketchup; curry rice; tapioca; sago
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 035:  Advertising via electronic media, namely, the internet; advertising, marketing and promotion services; dissemination of advertising matter; distribution of samples; organization of exhibitions for commercial or advertising purposes; import-export agencies; organization of trade fairs for commercial or advertising purposes; sales promotion for others; retail and wholesale distributorship services featuring bakery goods and food products
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.



Transliterations
The non-Latin characters in the mark transliterate to "Xiang Gang Mei-Xin YUE BING" and this means "HONG KONG PRETTY HEART MOONCAKES" in English.


The owner's/holder's proposed attorney information: Susan N. Acquista, Esq.. Other appointed attorneys are Gina L. Durham, Esq., Heather A. Dunn, Esq., Carissa Bouwer, Esq., Jordan Chisek, Esq., Pei Heng Li, Esq., Aislinn N. Smalling, Esq., and all other qualified practitioners of DLA Piper LLP (US). Susan N. Acquista, Esq. of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      555 Mission Street, Suite 2400
      San Francisco, California 94105
      United States
      619-699-2723(phone)
      sddocket@us.dlapiper.com
The docket/reference number is 365306900032.
Susan N. Acquista, Esq. 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:

Susan N. Acquista, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: sddocket@us.dlapiper.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 $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: /Edmund Mak/   Date: 02/20/2023
Signatory's Name: Edmund Mak
Signatory's Position: Legal Manager
Signatory's Phone Number: (852) 21262639
Signature method: Sent to third party for signature
Payment Sale Number: 97803746
Payment Accounting Date: 02/21/2023

Serial Number: 97803746
Internet Transmission Date: Tue Feb 21 12:17:23 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2023022112172376
1677-97803746-860c637ca544377502f61efd5a
db1ecbe59f36346508b435e2d75eb75d34140f5-
DA-17237300-20230215121037413039