TEAS Plus New 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

---

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

TEAS Plus Application

Serial Number: 97857671

Filing Date: 03/26/2023

To the Commissioner for Trademarks:

MARK: RUBYFROST (stylized and/or with design, see mark)
The literal element of the mark consists of RUBYFROST. The color(s) blue, red and white is/are claimed as a feature of the mark. The mark consists of the stylized depiction of the word RUBYFROST in blue with a stylized, cut gemstone in red with facet cuts appearing in white thereon above the letter "Y" in RUBYFROST.
The applicant, Cornell University, a Educational Corporation legally organized under the laws of New York, having an address of
      395 Pine Tree Road, Suite 310
      Ithaca, New York 14850
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 031:  Fresh apples
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. (15 U.S.C. Section 1051(b)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5124380, 4975025, and 4530700.


The owner's/holder's proposed attorney information: Ryan A. McGonigle. Other appointed attorneys are Neil B. Friedman, Caitlin P. Canahai, George L. Snyder, Jr., R. Kent Roberts, John D. Lopinski, Ph.D., Alfonzo I. Cutaia, and John T.M. DiMaio, Ph.D.. Ryan A. McGonigle of Hodgson Russ 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
      140 Pearl Street, Suite 100
      Buffalo, New York 14202
      United States
      646-218-7537(phone)
      646-218-7663(fax)
      rmcgonig@hodgsonruss.com
The docket/reference number is 000161.01473.
Ryan A. McGonigle 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:

Ryan A. McGonigle

PRIMARY EMAIL FOR CORRESPONDENCE: rmcgonig@hodgsonruss.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketing@hodgsonruss.com; amcmahon@hodgsonruss.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 $250 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: /Ryan A. McGonigle/   Date: 03/26/2023
Signatory's Name: Ryan A. McGonigle
Signatory's Position: Attorney of Record, New Jersey, New York, and Pennsylvania Bar Member
Signatory's Phone Number: 646-218-7537
Signature method: Signed directly within the form
Payment Sale Number: 97857671
Payment Accounting Date: 03/27/2023

Serial Number: 97857671
Internet Transmission Date: Sun Mar 26 18:51:38 ET 2023
TEAS Stamp: USPTO/FTK-XXX.XXX.X.X-202303261851406052
56-97857671-860e8ad719b9f6cc12f81f5c0cae
d2723036699095f9d8bf11a95881497ab44ad-CC
-51397500-20230326184616311380