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: 97862930

Filing Date: 03/29/2023

To the Commissioner for Trademarks:

MARK: MCCAIN (stylized and/or with design, see mark)
The literal element of the mark consists of MCCAIN. The applicant is not claiming color as a feature of the mark. The mark consists of "McCain" in script across a rising sun with a tree positioned to the left of "McCain" and birds flying overhead with one flying bird dotting the "i".
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 food, cooking, nutrition and recipes; educational software containing topics of instruction in the field of cooking, nutrition and recipes; 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 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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 029:  Processed fruits, vegetables, legumes and pulses; vegetable products; vegetable-based products; fruit products and fruit-based products; processed fruit and vegetable products, namely, frozen, chilled, dehydrated, battered and processed fruits and vegetables; processed potatoes and potato products, namely, baked, roasted, fried, French fried, battered, extruded, packaged and frozen, chilled, mashed, dried, instant, baby potatoes; processed fruit specialties, namely, chips, croquettes and pancakes made of fruits and/or vegetables; processed potato specialties, namely, chips, potato wedges, diced hash browns, hashbrown patties, lattice-cut chips, potato patties, diced potato cubes, potato puffs, potato skins and shells, stuffed potato skins and shells, potato croquettes, instant potato flakes, mashed potato mix, potato pancakes, hashbrowns and peeled potatoes; breakfast patties containing primarily eggs and also containing meat, vegetables or cheese; soups; vegetable-based dumplings; onion rings; snack foods; appetizers; frozen prepared meals, prepared meals and entrees; dips, spreads, jellies, jams, compotes; milk substitutes; snack foods, namely, fruit-based snack bars, fruit-based meal replacement bars, vegetable-based meal replacement bars, soups; snack dips; vegetable-based spreads, legume-based spreads; non-dairy spreads; potato crisps; cheese substitutes, cream cheese substitutes, butter substitutes, sour cream substitutes, yogurt substitutes and beverages based on yogurt substitutes; meat 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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 030:  Pizza; snack foods, namely, cereal and rice based snack foods, namely, snack foods containing or consisting of dough, pasta, pastry, pizza, garlic bread and garlic fingers, and dough enrobed snack foods consisting of a dough-based wrapper with pizza filling; appetizers, namely, appetizers having a cereal and rice base, namely, appetizers containing or consisting of dough, pasta, pastry, pizza, garlic bread, and garlic fingers, and dough enrobed appetizers consisting of a dough-based wrapper with pizza fillings; frozen and prepared desserts, namely, bakery goods, bakery desserts, pies, cakes, pastries, fruit and ice cream pies, and frozen confections; frozen and prepared pastries; ice cream; frozen prepared meals, namely, meals containing or consisting primarily of pasta, pizza or rice; breakfasts foods, namely, French toast, pancakes, waffles, cereals, oatmeal and creamed wheat cereals; prepared sandwiches, namely, filled wraps and bread with filling; prepared meals and entrees, namely, cereal and rice based prepared meals and entrees, namely, entrees containing or consisting of pasta, pizza, rice, sandwiches, and dough enrobed entrees consisting of dough-based wrapper with pizza filling; and powders and mixes used in preparation of non-alcoholic tea beverages, soft drinks and smoothies; taquitos, spring rolls, quesadilla rolls, flour-based dumplings, samosas; frozen and prepared non-dairy desserts, namely, desserts made of fruits, frozen fruits, and fruit salad; appetizers made from vegetables, meat, fish, poultry, cheese, and potato, namely, taquitos, spring rolls, quesadilla rolls, flour-based dumplings, samosas; sauces used as dips; Breads; other bread-type products, namely, pizza crust, pie crust, banana bread, muffins, beer bread, biscuits, cornbread, pancakes, scones, cakes, waffles and soda bread; doughs; flatbread, pita, bread sticks, crackers; cookies; filled baked dough products in the nature of dough-enrobed foods consisting of a dough-based wrapper with filling consisting primarily of meats, poultry, seafood, fruits, legumes, grains, vegetables and/or cheese; stuffed bread and stuffed dough both being primarily made of bread and dough; snack foods consisting primarily of grains; snack foods, namely, cereal-based or grain-based snack bars, cereal-based or grain-based meal replacement bars; ice cream, sorbets and edible ices; condiments, namely, mustards, relishes, chutneys, vinegars, salsas, pesto, salad dressings and mayonnaise; pastries, confectionery made of sugar, chocolate, fruit or grain; frozen confectionery; pasta and noodles; sauces; processed grains
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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 031:  Fresh (pre-cut) fruits and vegetables; fresh potatoes, baby potatoes, and sweet potatoes; chilled fresh potatoes, baby potatoes, and sweet potatoes; and packaged fresh potatoes, baby potatoes, and sweet potatoes; fresh vegetables
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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Providing education and information on food and nutrition, operation of a website relating to food, nutrition and recipes, contests and coupon services, namely operation of a business dealing in the distribution of discount cards and coupons and discount contests and programs; advertising the goods and services of others through all public communication means; promoting the sale of goods and services of others promotional contests provided over the internet; food services, namely, wholesale distributorship services featuring foods for use in food service channels of trade, namely, services provided to retailers and wholesalers in providing foods for subsequent resale; vending machine services featuring 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.

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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Providing education on food, cooking and nutrition; providing nutritional information about food; providing general interest information in the field of cooking; providing recipes and information on food; entertainment services in the field of food, cooking, nutrition and recipes
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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 043:  Food service services, namely selling foods for use in food service channels of trade; vending machine food services; manufacturing, packaging, and distribution of food and beverage products prepared to customer specifications; catering for the provision of food and beverages; restaurant, catering and café services; 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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


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 2232763, filed 01/10/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5440809 and 6195386.

Miscellaneous Statement
The applicant claims ownership of Application No. 88/448,448


The owner's/holder's proposed attorney information: THOMAS M. PALISI. Other appointed attorneys are Ryan L. Bergeron, Bronson M. Bonnett, Michael C. Bossner, April M. Capati, Michael J. Cavaliere, Daniela Caro-Esposito, Melanie A. Chernoff, Orville R. Cockings, Jonathan A. David, William A. Di Bianca, Craig Drachtman, Russell W. Faegenburg, Gregory S. Gewirtz, Keith E. Gilman, Kendall K. Gurule, Joseph Hajjar, Kenneth Han, 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, Michael P. Mullen, Nahoko Ono, 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, Matthew J. Shatynski, Michael H. Teschner, Brian R. Tomkins, James A. Vezeris and Lingyan Wang. THOMAS M. PALISI of LERNER DAVID 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.203.
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 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: 03/29/2023
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: 97862930
Payment Accounting Date: 03/29/2023

Serial Number: 97862930
Internet Transmission Date: Wed Mar 29 14:20:06 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202303291420078
29135-97862930-8608397f06e50a61d4e361b13
461c83d7d9d6d6c14e84ff89a4c5a2e3db50-CC-
20067515-20230329115846915947