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

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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

TEAS Plus Application

Serial Number: 97915984

Filing Date: 05/01/2023

To the Commissioner for Trademarks:

MARK: HELIOS (Standard Characters, see mark)
The literal element of the mark consists of HELIOS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Nature Fresh Farms Sales Inc., a corporation of Canada, having an address of
      4 Seneca Drive
      Leamington, ON N8H3W5
      Canada
      805-965-4400(phone)
      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 vegetables; Fresh cucumbers; Fresh fruit and vegetables; Fresh fruits; Fresh tomatoes; Fresh cherry tomatoes; Raw fruits; Raw tomatoes; Unprocessed fruits; Unprocessed tomatoes
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)).

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 2254821, filed 04/27/2023.
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.



Significance of wording, letter(s), or numeral(s)
The word(s) HELIOS has no meaning in a foreign language.


The owner's/holder's proposed attorney information: Kurt Koenig. Kurt Koenig, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1485 East Valley Road, Ste. 2
      Santa Barbara, California 93108
      United States
      805-965-4400(phone)
      Kurt@incip.com
The docket/reference number is 2913-123.
Kurt Koenig 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 Kurt Koenig
      1485 East Valley Road, Ste. 2
      Santa Barbara California 93108
      United States
      805-965-4400(phone)
      Kurt@incip.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:

Kurt Koenig

PRIMARY EMAIL FOR CORRESPONDENCE: Kurt@incip.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 $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: /Kurt Koenig/   Date: 05/01/2023
Signatory's Name: Kurt Koenig
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 805-965-4400
Signature method: Signed directly within the form
Payment Sale Number: 97915984
Payment Accounting Date: 05/01/2023

Serial Number: 97915984
Internet Transmission Date: Mon May 01 20:41:02 ET 2023
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2023050120410436
8946-97915984-860a3e95983244c2069a76bbda
68f74f13ac59cf3af6d14879b1051e31b28206b-
CC-41036002-20230501202720200278