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: 98112173

Filing Date: 08/01/2023

To the Commissioner for Trademarks:

MARK: BE HAPPY (Standard Characters, see mark)
The literal element of the mark consists of BE HAPPY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, D'Amelio Brands, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1209 Orange Street
      Wilmington, Delaware 19081
      United States
      973-845-9071(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 003:  Flavourings for cakes being essential oils
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Chocolate-based meal replacement bars for medical purposes; Chocolate-based meal replacement bars for treating cortisol imbalances that cause weight gain; Green coffee bean extracts for use as dietary supplements; Health food supplements; Protein dietary supplements; Protein dietary supplements formed and packaged as bars; Protein supplement shakes; Protein supplement shakes for weight gain purposes; Protein supplements; Protein supplements formed and packaged as bars; Liquid protein supplements; Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; Soy protein dietary supplements; Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Vegan liquid protein supplements; Whey protein dietary supplements; Whey protein supplements
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 028:  Christmas crackers
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 029:  Bacon; Beef; Cheese; Chicken; Eggs; Guacamole; Gumbo; Ham; Hummus; Jerky; Meatballs; Milk; Turkey; Yogurt; Apple butter; Bacon bits; Bean dip; Bean-based snack foods; Beans, preserved; Beef jerky; Beef meatballs; Beef patties; Beef slices; Beef steaks; Beef stew; Beef sticks; Beef stock; Beet pulp; Blueberry jams; Cabbage rolls stuffed with meat; Candied fruit snacks; Candied pine nuts; Cheese containing herbs; Cheese containing spices; Cheese curds; Cheese dips; Cheese fondue; Cheese food; Chicken balls; Chicken nuggets; Chicken salad; Chocolate milk; Coconut milk; Coconut shrimp; Coffee creamer; Cranberry jam; Cream cheese; Fish-based snack food; Frozen fruits; Garlic butter; Ginger jam; Grapes, processed; Hamburger; Hash brown potatoes; Hash browns; Hot dogs; Hummus chick pea paste; Ice cream shakes; Jams; Jams and marmalades; Lemon spread; Lobsters, not live; Protein milk; Pumpkin butter; Pumpkin puree; Sausage meat; Sausages; Shrimps, not live; Stewed fruit; Stews; Strawberries, canned; Strawberry milk; Taco meat; Trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Turkey burger patties; Veggie burger patties; Walnuts, prepared; Yogurt drinks; American cheese; Appetizers, namely, breaded and fried jalapeño peppers; Apple chips; Asiago cheese; Baked beans; Banana chips; Blended cheese; Bleu cheese; Brie cheese; Caesar salad; Canadian bacon; Candied nuts; Candied walnuts; Canned beans; Canned fish; Cheddar cheese; Cheese and cracker combinations; Chicken jerky; Chopped nuts; Coffee-coated nuts; Colby cheese; Cooked beans; Cottage cheese; Cottage cheese fritters; Crab cakes; Deviled eggs; Dried beans; Dried cranberries; Dried dates; Dried fish; Dried mangoes; Dried strawberries; Dried chinese cabbage; Duck jerky; Egg salad; Feta cheese; Fish cakes; Fish and chips; Flavored nuts; French fries; Fresh packaged and frozen packaged catfish; Frozen celery cabbages; Fruit chips; Fruit jelly spreads; Fruit salads; Fruit, stewed; Fruit- and nut-based snack bars featuring a chocolate coating; Fruit-based filling for cakes and pies; Fruit-based organic food bars also containing chocolate; Gorgonzola cheese; Gouda cheese; Greek yogurt; High-protein seaweed-based snack bars; Hot dog sausages; Jack cheese; Jellies and jams; Jellies, jams; Jellies, jams, compotes; Kale chips; Marmalades and jams; Meat jerky, namely, jerky; Mozzarella cheese; Muenster cheese; Non-dairy cheese; Non-fat, low-carbohydrate, high-protein dairy-based mix for making non-dessert foods, namely, cakes; Parmesan cheese; Peeled carrots; Peeled garlic; Peeled tomatoes; Pickled cucumbers; Pickled ginger; Pickled jalapeños; Plantain chips; Pork jerky; Potato chips; Potato fries; Potato salad; Potato-based gnocchi; Prepared coconut; Prepared walnuts; Preserved fish; Processed asparagus; Processed avocados; Processed beans; Processed beets; Processed cabbage; Processed carrots; Processed catfish; Processed cauliflower; Processed cheese; Processed cranberries; Processed dates; Processed kale; Processed kiwi fruit; Processed lamb; Processed lemons; Processed limes; Processed mangos; Processed melons; Processed nectarines; Processed onions; Processed pumpkin seeds; Processed spinach; Processed strawberries; Processed zucchini; Processed fruits, namely, banana; Processed meat, namely, jerky; Provolone cheese; Refried beans; Roast beef; Roasted nuts; Romano cheese; Salted fish; Seasoned nuts; Seasoned potato chips; Shelled nuts; Shish kabob; Shrimps, prawns and lobsters, not live; Smoked cheese; Smoked fish; Smoked sausages; Soft white cheese; Soy-based food bars also containing chocolate; Stuffed shrimp; Sun-dried tomatoes; Sweet potato fries; Swiss cheese; Taco salad; Textured vegetable protein for use as a meat extender; Tuna salad; Turkey bacon; Turkey sausages; Vegetable chips; Vegetable salads; Waffle fries; White cheese
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 030:  Applesauce; Bagels; Bread; Brownies; Burritos; Candy; Chocolate; Coffee; Cookies; Crackers; Gelato; Granola; Grits; Lasagna; Muffins; Noodles; Pancakes; Pasta; Pizza; Popcorn; Pretzels; Rice; Sushi; Tacos; Tea; Toast; Waffles; Ziti; Apple cobbler; Apple crumble; Avocado-based ice cream substitute; Bagel holes; Bean-starch noodles; Beef burger sandwiches; Blueberry pies; Blueberry tarts; Bubble tea; Cake balls; Cake batter; Cake dough; Cake flour; Cake frosting; Cake icing; Cake mixes; Cake pops; Cakes; Candy bark; Candy bars; Candy cake decorations; Candy canes; Candy coated apples; Candy coated popcorn; Candy for food; Candy made with caramel; Candy made with cocoa; Candy mints; Candy necklaces; Candy sprinkles; Candy toppings; Candy with caramel; Candy with cocoa; Candy-coated apples; Candy-coated popcorn; Cereal bars; Cereal based energy bars; Cereal based snack food; Cereal-based snack bars; Cereal-based snack food; Cereal-based snack foods; Cheese flavored snacks, namely, cheese curls; Cheese flavored snacks, namely, puffed cheese balls; Cheese sauce; Cheese-flavored biscuits; Chewing gum; Chocolate bars; Chocolate based ingredient for use in choclate; Chocolate cakes; Chocolate candies; Chocolate covered cookies; Chocolate covered fruit; Chocolate covered nuts; Chocolate covered popcorn; Chocolate covered pretzels; Chocolate covered roasted coffee beans; Chocolate decorations for cakes; Chocolate topped pretzels; Chocolate-covered potato chips; Coconut flour; Coffee-based iced beverages; Coffee-based beverages containing ice cream (affogato); Cranberry sauce; Cup cakes; Cupcakes; Donuts; Doughnut holes; Egg rolls; Enchiladas; English muffins; Fish dumplings; French toast; Fried dough cookies; Frozen dessert consisting of fruit and cream or cream substitutes; Ginger snaps; Ginger tea; Graham cracker pie crusts; Graham crackers; Granola snacks; Granola-based snack bars; Green coffee beans in the nature of unroasted coffee beans; Ham glaze; Hamburger sandwiches; Hot chocolate; Hot chocolate mixes; Hot dog sandwiches; Ice-cream cakes; Ice cream; Ice cream bars; Ice cream desserts; Ice cream floats; Ice cream sandwiches; Ice cream sundaes; Iced coffee; Iced tea; Icing; Jambalaya, namely, a spicy Creole rice dish with a mixture of fish and meat such as shrimp, chicken, ham and spicy sausage; Kombucha tea; Lime tea; Onion or cheese biscuits; Pancake syrup; Pasta and noodles; Pasta for soups; Pasta salad; Pasta sauce; Pasta shells; Pies; Pizza crust; Pizza dough; Pizza sauce; Protein reduced and gluten free flour and bread; Protein-enriched coffee; Protein-enriched coffee containing chocolate; Pumpkin pies; Rice crackers; Rice dumplings; Rice noodles; Salad dressing; Sausage rolls; Shrimp dumplings; Soda bread; Taco sauce; Taco seasoning; Taco seasonings; Taco shells; Tomato ketchup; Tomato-based salsa; Turkey burger sandwiches; Veggie burger sandwiches; Almond cake; Almond cakes; Arrangements of candy; Asian noodles; Bagel chips; Banana pudding; Bean jam buns; Bean-jam filled wafers (monaka); Biscuits, tarts, cakes made with cereals; Breakfast burritos; Breakfast cereals; Brown rice; Buttercream icing; Buttercream fillings for cakes; Butterscotch candies; Candy decorations for cakes; Caramel popcorn; Caramel-coated apples; Chinese noodles; Chocolate chips; Chocolate fondue; Chocolate-based fillings for cakes and pies; Chocolate-coated nuts; Chow mein noodles; Coffee beans; Confectionery chips for baking; Cookies and crackers; Cookies with nuts; Corn chips; Cotton candy; Cracker and cheese combinations; Custard-based fillings for cakes and pies; Dessert puddings; Dried chives; Dried sugared cakes of rice flour (rakugan); Edible cake decorations; Edible taco shell bowls; Edible waffle bowls; Edible decorations for cakes; Energy candy; Filled cookies; Filled waffles; Flour-based gnocchi; Freeze-dried candy; Fresh pizza; Fried noodles; Frozen french toast; Frozen french toast sticks; Frozen hot chocolate; Frozen pizza; Frozen waffles; Frozen yogurt; Frozen yogurt mixes; Frozen yogurt pies; Frozen flour-free foods, namely, pancakes, crepes, sandwich wraps, muffins and griddle cake sandwiches which are protein-enriched; Frozen flour-free foods, namely, waffles, pancakes, crepes, sandwich wraps, muffins and griddle cake sandwiches which are protein-enriched; Frozen pizza crusts made of cauliflower; Frozen yogurt cakes; Frozen yogurt pies and cakes; Fruit cakes; Fruit jelly candy; Funnel cakes; Garlic bread; Ginseng candy; Grain-based food bars also containing chocolate; Ground coffee beans; Gummy candies; Hard candies; Hard candy; High-protein cereal bars; Ice candies; Instant noodles; Instant chinese noodles; Instant udon noodles; Jelly beans; Macaroni salad; Macaroni and cheese; Macaroni with cheese; Mexican candy; Millet cakes; Minced garlic; Mixes for making cakes; Moon cakes; Non-fat, low-carbohydrate, high-protein dairy-based mix for making desserts, namely, cakes; Pad thai (Thai stir-fried noodles); Pasta-wrappings for gyoza; Peanut butter confectionery chips; Peppermint candy; Pita chips; Pizza cheese sticks; Plum cakes; Plum-cakes; Pounded rice cakes (mochi); Pretzel chips; Processed cereals; Ready to eat, cereal derived food bars; Ready-to-eat cereals; Rice cakes; Rice chips; Rice pudding; Rice dumplings dressed with sweet bean jam (ankoro); Roasted coffee beans; Rock candy; Salt crackers; Sandwich wraps made of cauliflower; Sandwiches, namely, hotdogs; Sausage wrapped in dough; Seasoned popcorn; Seasoned pretzels; Shrimp chips; Snack cakes; Snack mix consisting primarily of crackers, pretzels and/or popped popcorn; Soft pretzels; Spaghetti with meatballs; Spanakopita, namely, spinach and feta pie in phyllo dough; Sponge cakes; Starch-based candies; Steamed rice; Stir-fried rice; Sugar-free chewing gum; Sugarfree chewing gum; Sugarless candies; Sugarless chewing gum; Sweet bean jam coated with sugared-bean based soft shell (nerikiri); Sweetmeats being candies; Taco chips; Tea cakes; Tortilla chips; Trail mix consisting primarily of granola, and also including granola; Trail mix consisting primarily of pretzels, popcorn, and crackers, and also including nuts; Udon noodles; Udon noodles; Vanilla beans; Vegan cakes; Water ice; Wontons filled with cream cheese
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 031:  Artichokes, fresh; Beans, fresh; Beet, fresh; Cucumbers, fresh; Grapes, fresh; Lemons, fresh; Pears, fresh; Spinach, fresh; Watermelon, fresh; Cocoa beans, raw; Fresh apples; Fresh asparagus; Fresh avocados; Fresh bananas; Fresh beans; Fresh beets; Fresh blackberries; Fresh blueberries; Fresh broccoli; Fresh cabbage; Fresh carrots; Fresh cauliflower; Fresh celery; Fresh chives; Fresh cranberries; Fresh dates; Fresh garlic; Fresh ginger; Fresh kale; Fresh kiwi fruit; Fresh lemons; Fresh limes; Fresh mangos; Fresh melons; Fresh nectarines; Fresh onions; Fresh oranges; Fresh parsley; Fresh peppers; Fresh pumpkins; Fresh raspberries; Fresh spinach; Fresh strawberries; Fresh tomatoes; Fresh walnuts; Fresh zucchini; Fresh apple mangos; Fresh blood oranges; Fresh cherry tomatoes; Fresh honeydew melons; Fresh mandarin oranges; Fresh string beans; Live catfish; Live shrimps; Live shrimps, prawns and lobsters; Raw asparagus; Raw avocados; Raw beans; Raw beets; Raw cabbage; Raw dates; Raw ginger; Raw lemons; Raw onions; Raw oranges; Raw peppers; Raw tomatoes; Raw zucchini; Unprocessed asparagus; Unprocessed avocados; Unprocessed beans; Unprocessed cabbage; Unprocessed cereals; Unprocessed dates; Unprocessed ginger; Unprocessed lemons; Unprocessed oranges; Unprocessed zucchini
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Apple juice; Celery juice beverages; Coconut juice; Coconut water; Cranberry juice; Frozen fruit beverages; Frozen fruit drinks; Ginger ale; Ginger beer; Ginger juice beverages being ginger ale; Ginger juice beverages being ginger beer; Grape juice; Ice cream soda; Iced fruit beverages; Iced fruit drinks; Lemon squash; Mango juice; Melon juice; Orange juice; Orange squash; Protein-enriched sports beverages; Protein-enriched sports drinks; Soda pops; Soda water; Water beverages; Watermelon juice; Bottled water; Carbonated water; Club soda; Cream soda; Drinking water; Mineral water; Soft drinks, namely, sodas; Sparkling water; Spring water
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)).



The owner's/holder's proposed attorney information: RITA C. CHIPPERSON, ESQ.. RITA C. CHIPPERSON, ESQ. of Chipperson Law Group, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      5 Cold Hill Road South, Suite 21
      Mendham, New Jersey 07945
      United States
      973-845-9071(phone)
      rcc@chippersonlaw.com
The docket/reference number is DD0815.024.
RITA C. CHIPPERSON, 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:

RITA C. CHIPPERSON, ESQ.

PRIMARY EMAIL FOR CORRESPONDENCE: rcc@chippersonlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mdg@chippersonlaw.com; dac@chippersonlaw.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 $1750 has been submitted with the application, representing payment for 7 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: /Rita C. Chipperson/   Date: 08/01/2023
Signatory's Name: Rita C. Chipperson
Signatory's Position: Attorney of Record
Signatory's Phone Number: 973-845-9071
Signature method: Sent to third party for signature
Payment Sale Number: 98112173
Payment Accounting Date: 08/01/2023

Serial Number: 98112173
Internet Transmission Date: Tue Aug 01 18:00:55 ET 2023
TEAS Stamp: USPTO/FTK-XXX.X.XXX.XXX-2023080118005632
6605-98112173-86035f8f188f7bb9374a65c9f6
abc9c5bed5447e9a8632ffd6435cbf714af209a-
CC-00558202-20230801164944475886