PTO- 1583
Approved for use through 01/31/2025. OMB 0651-0055
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

Combined Declaration of Use and Incontestability under Sections 8 & 15

The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER5202729
REGISTRATION DATE05/16/2017
SERIAL NUMBER86865975
MARK SECTION
MARK 49TH PARALLEL COFFEE ROASTERS VANCOUVER (stylized and/or with design, see mark)
ATTORNEY INFORMATION (current)
NAMEAlex P. Garens
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAMEDay Pitney LLP
STREETOne International Place
CITYBoston
STATEMassachusetts
POSTAL CODE02110
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE617.345.4872
FAX617.345.4745
EMAILtrademarks@daypitney.com
DOCKET/REFERENCE NUMBER784991000330
ATTORNEY INFORMATION (proposed)
NAMEAlex P. Garens
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMEDay Pitney LLP
STREETOne Federal Street, 29th Floor
CITYBoston
STATEMassachusetts
POSTAL CODE02110
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE617-345-4872
FAX617-345-4745
EMAILtrademarks@daypitney.com
DOCKET/REFERENCE NUMBER784991000330
OTHER APPOINTED ATTORNEYElizabeth A. Alquist, Kritika Bharadwaj, Richard H. Brown III, Lauren Hamill, Richard D. Harris, Christopher J. Hoolehan, Jeffrey M. Koegel, Erica S. Livingstone, Brandon McCool, Catherine Dugan O'Connor, Carrie Webb Olson, Abigail R. Stoddard and Adam Weisman
CORRESPONDENCE INFORMATION (current)
NAMEAlex P. Garens
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarks@daypitney.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)agarens@daypitney.com; TMrecords@daypitney.com; lleone@daypitney.com
DOCKET/REFERENCE NUMBER784991000330
CORRESPONDENCE INFORMATION (proposed)
NAMEAlex P. Garens
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarks@daypitney.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)agarens@daypitney.com; aweisman@daypitney.com; gpajer@daypitney.com
DOCKET/REFERENCE NUMBER784991000330
DOMESTIC REPRESENTATIVE INFORMATION (current)
NAMEAlex P. Garens
PHONE617.345.4872
FAX617.345.4745
EMAILtrademarks@daypitney.com
DOMESTIC REPRESENTATIVE INFORMATION (proposed)
NAMEAlex P. Garens
FIRM NAMEDay Pitney LLP
STREETOne Federal Street, 29th Floor
CITYBoston
STATEMassachusetts
POSTAL CODE02110
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE617-345-4872
FAX617-345-4745
EMAILtrademarks@daypitney.com
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 030
GOODS OR SERVICES TO BE DELETED TEA
GOODS OR SERVICES IN USE IN COMMERCE COFFEE, GROUND COFFEE, COFFEE BEANS
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILESPN0-205132218130-2023041 9132713553159_._49th_PARA LLEGL_COFFEE_ROASTERS_Cla ss_30_Specimen_1.pdf
       CONVERTED PDF FILE(S)
       (4 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150002.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150003.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150004.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150005.jpg
SPECIMEN DESCRIPTIONScreenshots of Owner's website showing use of the mark on the packaging for the goods at an electronic point of sale
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
INTERNATIONAL CLASS 035
GOODS OR SERVICES TO BE DELETED RETAIL STORE AND WHOLESALE DISTRIBUTORSHIPS FEATURING COFFEE
GOODS OR SERVICES IN USE IN COMMERCE ONLINE RETAIL AND WHOLESALE STORE SERVICES FEATURING COFFEE
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILESPN1-205132218130-2023042 0084718050983_._49th_PARA LLEGL_COFFEE_ROASTERS_Cla ss_35_Specimen_1.pdf
       CONVERTED PDF FILE(S)
       (3 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150006.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150007.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150008.jpg
       ORIGINAL PDF FILESPN1-205132218130-2023042 0084718050983_._49th_PARA LLEGL_COFFEE_ROASTERS_Cla ss_35_Specimen_2.pdf
       CONVERTED PDF FILE(S)
       (6 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150009.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150010.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150011.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150012.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150013.jpg
       \\TICRS\EXPORT18\IMAGEOUT 18\868\659\86865975\xml2\ 8150014.jpg
SPECIMEN DESCRIPTIONScreenshots of Owner's website showing use of the mark in connection with the services
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
MISCELLANEOUS STATEMENT A Section 7 Request to amend the description of the mark is being filed herewith
OWNER SECTION (current)
NAME 49TH PARALLEL ROASTERS INC.
MAILING ADDRESS #112-6741 CARIBOO ROAD, BURNABY
CITY BRITISH COLUMBIA
ZIP/POSTAL CODE V3N4A3
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Canada
OWNER SECTION (proposed)
NAME 49TH PARALLEL ROASTERS INC.
MAILING ADDRESS Unit 112-6741 Cariboo Road, Burnaby
CITY British Columbia
ZIP/POSTAL CODE V3N4A3
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Canada
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPEcorporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Canada
PAYMENT SECTION
NUMBER OF CLASSES 2
NUMBER OF CLASSES PAID 2
COMBINED §§ 8 & 15 FILING FEE PER CLASS 850
TOTAL FEE PAID 850
SIGNATURE SECTION
SIGNATURE /Samantha Taylor/
SIGNATORY'S NAME Samantha Taylor
SIGNATORY'S POSITION President
DATE SIGNED 05/08/2023
SIGNATURE METHOD Sent to third party for signature
PAYMENT METHODDA
FILING INFORMATION
SUBMIT DATE Mon May 08 14:33:20 ET 2023
TEAS STAMP USPTO/S08N15-XXX.XXX.XXX.
XXX-20230508143320617343-
5202729-850204bb911b553db
26fa5ecc584caf58dd5b9b58e
25b9431fda08ed59ba4a-DA-3
3209635-20230420084718050
983


PTO- 1583
Approved for use through 01/31/2025. OMB 0651-0055
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


Combined Declaration of Use and Incontestability under Sections 8 & 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 5202729
REGISTRATION DATE: 05/16/2017

MARK: (Stylized and/or with Design, 49TH PARALLEL COFFEE ROASTERS VANCOUVER (see, mark))

Current: The owner, 49TH PARALLEL ROASTERS INC., a corporation of Canada, having an address of
      #112-6741 CARIBOO ROAD, BURNABY
      BRITISH COLUMBIA, V3N4A3
      Canada

Proposed: The owner, 49TH PARALLEL ROASTERS INC., a corporation of Canada, having an address of
      Unit 112-6741 Cariboo Road, Burnaby
      British Columbia, V3N4A3
      Canada
      XXXX
is filing a Combined Declaration of Use and Incontestability under Sections 8 & 15.

For International Class 030, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  TEA

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class: COFFEE, GROUND COFFEE, COFFEE BEANS

For the remaining goods or services, the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with these goods or services. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

The owner is submitting one(or more) specimen(s) for this class showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screenshots of Owner's website showing use of the mark on the packaging for the goods at an electronic point of sale.

Original PDF file:
SPN0-205132218130-2023041 9132713553159_._49th_PARA LLEGL_COFFEE_ROASTERS_Cla ss_30_Specimen_1.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 035, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  RETAIL STORE AND WHOLESALE DISTRIBUTORSHIPS FEATURING COFFEE

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class: ONLINE RETAIL AND WHOLESALE STORE SERVICES FEATURING COFFEE

For the remaining goods or services, the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with these goods or services. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

The owner is submitting one(or more) specimen(s) for this class showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screenshots of Owner's website showing use of the mark in connection with the services.

Original PDF file:
SPN1-205132218130-2023042 0084718050983_._49th_PARA LLEGL_COFFEE_ROASTERS_Cla ss_35_Specimen_1.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN1-205132218130-2023042 0084718050983_._49th_PARA LLEGL_COFFEE_ROASTERS_Cla ss_35_Specimen_2.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: None Provided
Webpage Date of Access: None Provided
MISCELLANEOUS STATEMENTS
A Section 7 Request to amend the description of the mark is being filed herewith


The owner's/holder's current attorney information: Alex P. Garens. Alex P. Garens of Day Pitney LLP, is located at

      One International Place
      Boston, Massachusetts 02110
      United States
The docket/reference number is 784991000330.

The phone number is 617.345.4872.

The fax number is 617.345.4745.

The email address is trademarks@daypitney.com

Alex P. Garens 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 owner's/holder's proposed attorney information: Alex P. Garens. Other appointed attorneys are Elizabeth A. Alquist, Kritika Bharadwaj, Richard H. Brown III, Lauren Hamill, Richard D. Harris, Christopher J. Hoolehan, Jeffrey M. Koegel, Erica S. Livingstone, Brandon McCool, Catherine Dugan O'Connor, Carrie Webb Olson, Abigail R. Stoddard and Adam Weisman. Alex P. Garens of Day Pitney 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

      One Federal Street, 29th Floor
      Boston, Massachusetts 02110
      United States
The docket/reference number is 784991000330.

The phone number is 617-345-4872.

The fax number is 617-345-4745.

The email address is trademarks@daypitney.com

Alex P. Garens 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 current domestic representative's information: Alex P. Garens. 

The phone number is 617.345.4872.

The fax number is 617.345.4745.

The email address is trademarks@daypitney.com

The proposed domestic representative's information: Alex P. Garens. Alex P. Garens of Day Pitney LLP, is appointed as owner's/holder's representative upon whom notice or process in the proceedings affecting the mark may be served. Alex P. Garens is located at

      One Federal Street, 29th Floor
      Boston, Massachusetts 02110
      United States

The phone number is 617-345-4872.

The fax number is 617-345-4745.

The email address is trademarks@daypitney.com

Correspondence Information (current)
      Alex P. Garens
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@daypitney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agarens@daypitney.com; TMrecords@daypitney.com; lleone@daypitney.com
      The docket/reference number is 784991000330.

Correspondence Information (proposed)
      Alex P. Garens
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@daypitney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agarens@daypitney.com; aweisman@daypitney.com; gpajer@daypitney.com
      The docket/reference number is 784991000330.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the 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 $850 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.


Declaration

Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration.
There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
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 this submission and the registration, 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.

Signature: /Samantha Taylor/    Date: 05/08/2023
Signatory's Name: Samantha Taylor
Signatory's Position: President
Signature method: Sent to third party for signature


Mailing Address (current):
   Day Pitney LLP
   One International Place
   Boston, Massachusetts 02110

Mailing Address (proposed):
   Day Pitney LLP
   One Federal Street, 29th Floor
   Boston, Massachusetts 02110

Serial Number: 86865975
Internet Transmission Date: Mon May 08 14:33:20 ET 2023
TEAS Stamp: USPTO/S08N15-XXX.XXX.XXX.XXX-20230508143
320617343-5202729-850204bb911b553db26fa5
ecc584caf58dd5b9b58e25b9431fda08ed59ba4a
-DA-33209635-20230420084718050983