IN THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE
`
`C:
`
`Mark:
`
`BREWPEP
`
`Reg. No.:
`
`705,319
`
`Class:
`
`46
`
`,.
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`,.<
`
`\i
`
`UNIVERSAL FOODS CORPORATION,
`a Wisconsin corporation,
`
`433 East Michigan Street
`Milwaukee, Wisconsin
`53201
`Business Address and Situs of Corporation
`
`The above-identified applicant for renewal requests
`
`that the above-identified registration, granted to Red Star
`
`Yeast and Products Company on October 4, 1960; which
`
`applicant for renewal now owns, as shown by records in the
`
`Patent and Trademark Office, be renewed in accordance with
`
`the provisions of Section 9 of the Act of July 5, 1946.
`
`The marg shown in said registration is still in use
`in interstate commerce on each of the following goods recited
`
`in the registration:
`
`MIXTURE OF MONOCALCIUM PHOSPHATE,
`POTASSIUM IODATE AND STARCH,
`MKEMPLOYED AS AN OXIDANT IN THE
`MANUFACTURE OF WHITE BREAD BY THE
`BREW-DOUGH SYSTEM,
`
`r?’
`f"'
`
`the enclosed specimgn showing the mark as currently used.
`
`Registrant hereby appoints Fred Wiviott, Registration
`
`No. 19,158; John C; Cooper III, Registration No. 26,416;
`
`and/or Larry L. Shupe, Registration No. P29,589, all of
`
`fifiifil/BO 0?O5319
`
`E 208
`
`25.00fiK
`
`
`
`PATENT AND TRADEMARK OFFICE
`
`C:
`
`Mark:
`
`BREWPEP
`
`Reg. No.:
`
`705,319
`
`Class:
`
`46
`
`,.
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`,.<
`
`\i
`
`UNIVERSAL FOODS CORPORATION,
`a Wisconsin corporation,
`
`433 East Michigan Street
`Milwaukee, Wisconsin
`53201
`Business Address and Situs of Corporation
`
`The above-identified applicant for renewal requests
`
`that the above-identified registration, granted to Red Star
`
`Yeast and Products Company on October 4, 1960; which
`
`applicant for renewal now owns, as shown by records in the
`
`Patent and Trademark Office, be renewed in accordance with
`
`the provisions of Section 9 of the Act of July 5, 1946.
`
`The marg shown in said registration is still in use
`in interstate commerce on each of the following goods recited
`
`in the registration:
`
`MIXTURE OF MONOCALCIUM PHOSPHATE,
`POTASSIUM IODATE AND STARCH,
`MKEMPLOYED AS AN OXIDANT IN THE
`MANUFACTURE OF WHITE BREAD BY THE
`BREW-DOUGH SYSTEM,
`
`r?’
`f"'
`
`the enclosed specimgn showing the mark as currently used.
`
`Registrant hereby appoints Fred Wiviott, Registration
`
`No. 19,158; John C; Cooper III, Registration No. 26,416;
`
`and/or Larry L. Shupe, Registration No. P29,589, all of
`
`fifiifil/BO 0?O5319
`
`E 208
`
`25.00fiK
`
`
`
`2100 Marine Plaza, Milwaukee, Wisconsin 53202, members of the
`
`Bar of the State of Wisconsin,
`
`to prosecute this application
`
`for renewal,
`
`to transact all business in the Patent and
`
`Trademark Office in connection therewith, and to receive
`
`the Certificate of Renewal.
`
`STATE OF WISCONSIN )
`COUNTY OF MILWAUKEE ;
`
`SS.
`
`MAJ—CHARLOTTE C. BAUMANN, assistant secretary of Universal
`
`Foods Corporation, being sworn states that to the best of
`
`her knowledge and belief the facts set forth in this
`
`application are true.
`
`UNIVERSAL FOODS CORPORATION
`
`BY'
`
`;é%£“éZ£47¢&ZZ¢€2 Ciamwwmamx
`Majzcharlotte C. Baumann
`Assistant Secretary ,i_mmMMn
`
`Subscribed and sworn to before me
`
`this
`
`ggfixfciay of
`
`gggégg , 198o“'””’W*V
`
`
`
`Notary Public, Stffi
`
`
`
`e of
`
`consin
`
`)_W_M_...v« ~ ~
`
`If
`
`My Commission: X:éV‘Z3
`
`
`
`_
`
`LAW OFFICES
`
`WHYTE: & HIRSCHBOECK
`S C
`210° MAWNE PLAZA
`M a LWAU K E E, w I s co N s: N
`1‘E|_5p).|QNE (414) 271-5219
`
`532 oz
`
`V
`
`'
`
`,
`
`-
`
`'
`
`‘
`
`g
`“
`
`-
`
`-
`APrl1 17' 193°
`
`'
`
`4;
`
`,
`
`HAROLD P.TI-IOMSON ‘
`'
`.
`R
`MARTIN R. aaowmms
`‘;‘§;,?,‘:,’_"D $j‘N:‘L"s‘f,,,
`RICHARD P. SLIELLESBACH
`.‘.ROBERT ELLEMENSE
`RALPH <3. SCHULZ
`' WALTER P. RYNKVEWICZ
`noasm v. ABENDROTH
`a|cHARD K, SELL
`' " SDHN B. HA¥DON
`PAUL A..FAKALSKI
`. <FRED WIVIOTT
`G. HANS MQEDE III
`FREDERICK A. MUTH, JR.
`MICHAEL 1'. HART
`N-'-AN 5- '°'"°
`LARRY R. DALTON
`EDWARD J. HEISER, an.
`ANTHONY W. ASMUTH SDI
`
`JOHN 5CR|PF'
`JOSEPH c. BRANCH
`STE/_EN R. ALLEN
`RICHARD E. BRAUN
`TIMOTHV KY HOELTER
`JAMES w. MOHR,dR.
`"
`‘
`JOHN <2. coopen :1:
`«JAMES A- FEDDEPSEN
`
`MALCOLM K.WHYTE (l943~1967l
`HEREERTQHIRSCHBOECK
`mnucm N. coLLoroN
`ROBERT .1. EERDAN
`Txmonqy .1, MgDERMOTT
`HARVEY A_ KURT:
`”°w’°‘R° °‘w”""““S
`DW'GHT H~ ELU5 111
`noasnr M. SALINGER
`ROBERT H. MOHR
`wow
`“EA” E‘ T"°”"ETER
`JOHN M. OLSON
`MICHAEL J. HERBERT
`DAVID C_ 5-]ER‘|'E|_
`JAMES w. Gm-:En, an.
`THOMAS C. EWING
`JOHN 7- EMANUEL
`JERARD .1. JENSEN
`NORBERT J. BISSONETTE
`LARRY L‘ SHUPE
`DARYL L. DIESING
`oousus A. uouusu.
`JOHN c.eoHEEN
`JUDY L. PERKINS
`MICHAEL E. DONOVAN
`
`The Commissioner of
`Patents and Trademarks
`Washington, D. C.
`20231
`
`Sir:
`
`Trademark BREWPEP
`Reg. No. 705,319
`Issued October 4,_l960
`
`Enclosed are the following materials relating
`to the above-identified trademark registration for
`‘recording in the United States Patent and Trademark
`Office:
`
`1.
`
`Request for Renewal executed April 15,
`1980 on behalf of Universal Foods
`Corporation;
`
`Specimen of the mark as currently
`used; and
`
`Our Check in the amount of $25.00
`
`Very truly yours,
`
`FW/jbk
`
`Enclosures
`
`
`
`
`RED STAR
`A \ R6. 23500
`
`BREWPER A
`
`.@
`
`5;) CONTAINS: Calcium Sulfate, Monocalcium Phosphate, Corn Starch, Potassium Bromate, and Potassium Iodate.
`
` NET WT. 50 LBS. (22.7 KG)
`
`BAG SHOULD BE TIGHTLY CLOSED WHEN NOT IN USE I STORE IN A DRY PLACE
`
`A RED STAR
`
`®"J;
`
`
`
`AFFIDAVIT UNDER SECTIONS 8 AND 15(a)
`
`I
`
`? WISCONSIN )
`) SS.
`
`Mark:
`Reg. No.:
`Class No.:
`
`"BREWPEP"
`705, 31
`46
`ism REPORT
`$1.00 CASH
`A§J§Jg_|ED
`
`‘.:‘.-5'.f..f..‘V..=.»‘
`
`» .7‘
`
`«
`
`DX:”‘‘’CJOUZENS, being sworn, states that Universal
`Foods Corporati
`, a Wisconsin corporation, owns Registration Number
`705,
`issued October 4, 1960, as evidenced by the accompanying title
`report and that the mark shown therein has been in continuous use in inter-
`21
`state commerce for more than five consecutive years from November 12,
`2*’
`J
`1959,
`to the Apresent on the following goods recited in the registration state-
`
`ment: A mixture of monocalcium phosphate, potassium iodate and starch,
`employed as an oxidant in the manufacture of white bread by the brew—dough
`
`system.
`
`,-4'"
`
`That said mark is still in use in interstate commerce as
`
`evidenced by the attached specimen showing the mark as currently used;
`if’
`that there has been no final deci/srieon adverse to registrant‘s claim of,,owner-
`ship of said mark or to its right to register, and that there is no/géyceeding
`under way involving any of said rights pending and not disposed of either
`
`in the Patent Office or in the courts.
`
`Universa
`
`Subscribed and sworn to before me
`this
`day of October, 1965.
`
`Notary’13,:iiblic,;‘» ilwaukee County, Wis.
`My cornriziissioffgzexpires
`“V v
`
`
`
`POWER OF ATTORNEY
`
`UNIVERSAL FOODS CORPORATION, a Wisconsin cor-
`
`poration, hereby appoints Edward D. Cleveland and/or Robert P. Harland,
`
`members of the Bar of the State of Wisconsin,
`
`to present the above Affi-
`
`davit of Use and Incontestability and to transact all business in the Patent
`
`Office in connection therewith and in connection with the above registra-
`
`tion and to receive any document therefor.
`
`UNIVERSAL FOODS CORPORATION
`
`
`
` Secretary
`
`Subscribed and sworn to before me
`this
`at:
`day of October,
`1965.
`
`
`Notary Public, Milwaukee County, Wis.
`My coin-‘ ission expires
`
`
`
`
`
`POL-47
`
`.
`
`Aonnsss ouLv
`Tn: coumssnouzn or PATENTS
`"““""3':;‘..§.".¢'.::.“L':F.,f’ZF"‘*'°“
`
`U. 5. DEPARTMENT c_. COMMERCE‘
`PATENT orncs
`'
`WASHINGTON
`
`3
`PAPER No.
`All wmmunicalium respecriun
`this application should give the
`serial number, date of filing.
`uicamc of
`the applicant.
`
`r‘
`
`l_
`
`1
`EDWARD D. CLEVELAND AND/OR
`ROBERT P. HARLAND
`735 N. WATER sr.
`MILWAUKEE, wrs.
`
`'
`
`_1
`
`Mailed
`
`JUN 2 main
`Sc, No. 86,198
`'
`"
`,
`.
`A”"‘°“‘"“ RED STAR YEAST AND
`Publication Date:
`PRODUCTS COMPANY
`wt 19 1%
`
`NOTICE OF PUBLICATION UNDER SECTION 12 (a)
`
`MARK:
`
`BREWPEP
`
`The application identified above has been examined and it appearing that [applicant
`is entitled to Registration, the mark will in accordance with Section 12 (a) of the Trade-
`mark Act of 1946, be published in the Oflicial Gazette on the date indicated above for the
`purpose of opposition by any person who believes he will be damaged by the registration’
`of the mark.
`If no notice of opposition is filed within the time specified by Section 13 of
`the statute, or by Rules 2.101 and 2.102 of the Trademark Rules, the Commissioner of
`Patents may issue a Certificate of Registration.
`
`Copies of the Trademark portion of the Oflicial Gazette containing the publication
`of the mark may be obtained at 20 cents each from the Superintendent of Documents,
`Government Printing Office.
`
`By direction of the Commissioner.
`
`.860. J. H. MERCHANT
`Director, Trademark
`Examining Operation.
`
`USCOMM —DC
`
`
`
`LA’W OFFICES
`
`WHYTE, HIRSC]-IBOECK, MINAI-IAN, HARDING & HARLAND
`.
`FIRST WISCONSIN NATIONAI_ BANK BUILDING
`MILWAUKEE 2’ w'scONslN
`BROADWAY '_52Io
`
`E‘
`
`p
`
`.
`
`I
`
`Ma Ch
`
`3
`
`0, 1
`
`HERBERT C. HIRSCHEOECK
`MALCOLM K.WHYTE
`ROGER c.MINAI-IAN
`we-I-OR M‘ HARDWG
`ROBERT P’ HARLAND
`RICHARD I_.eREENE
`A_W|LLlAM AsMuTI-¢,.JR.
`REGINALD W. NELSON
`MARTIN R, BROWNING
`JOHN L.F'AI.MER
`JACK E.DOM|N|K
`HAROLD F'.THOMSON
`
`RICHARD P. BUELLESSACH
`
`The Commissioner of Patents
`Trademark Examining Operation
`Washington 25, D, C.
`
`I.-RANK W HAMME1-T
`:;;:HRE()E‘Ds.5:ZElE’\I/-:LAND
`ROBERT D’ VLEMENSE
`WALTER Ft RYNKIEWICZ
`:E:::;":;_B:;'ER°TH
`WCHARD K_ SELL
`ROBERT .1. KALUPA
`ROBERT M. LAZO (D. c. BAH)
`JOHN RMILLER
`~J°HN 5‘ HAYDON
`ROBERT S.WASHBURN
`DANIEL I=.woRTI-I
`‘D4 c.
`AND OKLAHOMA BAR)
`
`p
`
`Attention: Mr. A. G. Dietz, Examiner, Div. II
`Re ; Mark:
`BREWPEP
`
`/’
`
`Serial No. 86,198
`Mark;
`BREWBUF
`Serial No. 86,197
`Applicant: Red Star Yeast
`and Products Company
`
`Gentlemen:
`
`In response to your Office Action Paper No. l
`with respect to the two trademarks above identified,
`please find enclosed one complete specimen showing the
`application of each of said trademarks. Copies of the
`respective office actions are enclosed.
`
`Very truly yours,
`
`EdwardE
`
`EDC1jaw
`
`Enclosures
`
`
`
`
`
`POL-89
`
`ADDRESS oNLY
`THE COMMISSIONER OF PATTTS
`TRADEMARK EXAMINING OPERATION
`wAsHme1‘oN 25. D. c.
`
`u. s. DEPARTMENT OF COMMERCE
`PATENT OFFICE
`WASHINGTON
`
`Pun No. 1
`All oomnmniattiam respewing
`this application should give the
`serial number. date _nf filing,
`and mum gig” ,,pp(w,m,_
`
`F"
`
`EDWARD D. CLEVELAND AND/0R_| Mam
`ROBERT P. HARLAND
`735 N. WATER S'I'.,
`MILWAUKEE, wxs.
`
`Ser. No.:
`
`.24 3963
`
`86,198
`
`RED STAR YEAST
`Awlicw-'
`AND PRODUCTS COMPANY
`
`J
`
`Since all of the specimens of record are merely
`
`/1...
`Kr‘
`
`cut-out portions of larger elements, it is requested
`that applicant file at least one complete specimen.
`
`\~//f/
`
`A search of the Office records fails to show
`
`that the mafk, when applied to applicant's goods,
`
`is
`
`confusingly similar to any registered mark.
`
`(BREWPEP)
`A.G.DIETZ:ret
`
`A proper response to this Office action must be received within 6 months
`i‘ from the date of this aotion in order to avoid ABANDONMENT.
`
`
`
`
`
`1)/Iark:
`
`BREWPEP
`
`Class No.‘
`
`46
`
`‘To The Commissioner of Patents:
`
`RED STAR YEAST AND PRODUCTS COMPANY, a Wisconsin Corporation
`
`221 East Buffalo Street, Milwaukee, Wisconsin
`Business Address
`
`221 East Buffalo Street, Milwaukee, Wisconsin
`Situs of Corporation
`
`The above identified applicant has adopted and is using the
`
`trade mark shown on the accompanying drawing for a mixture of monocalcium
`
`phosphate, potassium iodate and starch, employed as an oxidant in the
`
`manufacture of White bread" by the brew-dough system, and requests that said
`mark be registered in the United States Patent Office on the Principal Register
`
`established by the act of July 5, 1946.
`
`The trade mark was first used on the goods on November 12, 1959;
`
`was first used in interstate commerce on November 12, 1959, and is now in use
`In
`
`in such commerce.
`A
`
`The mark is used by applying it to labels affixed to containers
`
`for the goods, and five specimens showingvthe mark as actually used are
`
`presented herewith.
`
`
`
`SS.
`
`) ~
`
`.a
`)
`
`STATE OF WISCONSIN
`~
`COUNTY OF MILWAUKEE
`
`LESLIE ASPIN, being sworn, states that: he is Treasurer
`
`and Assistant Secretary of applicant corporat.ion and is authorized to
`
`execute this affidavit on behalf of said corporation; he believes said
`
`corporation to be the owner of the mark sought to be registered; to the
`
`best of his knowledge and belief no other person, firm’, corporation
`
`or association has the right to use said mark in commerce, either in
`
`the identical form or in such near resemblance thereto as might be
`
`calculated to deceive; and the facts s.et forth inlthis application are true.
`
`RED STAR YEAST AND PRODUCTS COMPANY
`
`BY
`
`[M04 A;~,4;L__,4‘
`
`Subscribed and sworn to before me
`
`this
`
`/7
`
`day of mmmw 1959.
`
`Notary Public, Milwaukee County, Wis.
`My commission expireslliy Cvmmission Expires Feb 14, 196<>
`
`POWER OF ATTORNEY
`
`Applicant hereby appoints Edward D. Cleveland and/ or
`
`Robert P. Harland of 735 North Water Street, Milwaukee, Wisconsin,
`
`members of the Bar of the State of Wisconsin, to prosecute this
`
`application to register, to transact all business
`
`the Patent Office in
`
`connection therewith, and to receive the Certificate of Registration.
`
`REDSTAR YEAST’ AND PRODUCTS COMPANY
`
`BY
`
`I /14 A}~
`
`4/I./././'1.
`
`TREASURER
`
`
`
`\I
`
`‘
`
`LAW ‘OFF-‘ICES
`I
`.W?f§IYTE, HIRSCHBOECK, MINAHAN, HARDING & HARLAND
`)‘
`FIRST WISCONSIN NATIONAL BANK BUILDING
`
`MILWAUK/EE 2, WISCONSIN
`
`TELEPHONE
`BROADWAY I-BEIO
`
`REGINALD W. NELSON
`MARTIN R, BROWN)NG
`JOHN L.F'ALMER
`HAROLD P.THOMSON
`
`JACKE.DOMlNIK
`RICHARD F'.BUEL|.ESBACH
`FRANK W. HAMMETT
`RALPH G.SCHULZ
`EDWARD D. CLEVELAND
`ROBERT D. LEMENSE
`WALTER P. HYNKJEWCCZ
`ROBERT V. ABENDROTH
`THOMAS P. NELSON
`RICHARD K,5ELL
`' ROBERT J. KALUPA
`
`November 24,
`
`Commissioner of Patents
`
`Washington 25,
`D. C.
`
`Dear Sir:
`
`Enclosed please find applications of Red Star
`Yeast and Products Company for the registration of the
`trademarks VBrewbuf” and VBrewpepV on the Principal Regis-
`ter,
`together with replications of the marksyin lieu of
`a drawing and five specimens of each of thegmarks as
`actually used.
`”
`ml.
`
`payment of
`
`Our check in the amount of_$5O7€?/in
`
`the registration fees is enclosed.
`
`05
`Very truly yours
`
`Edward D. Cleveland
`
`\\
`
`EDC:Jaw
`
`Enclosures
`
`
`
`FORM F0-685
`vs-22-an
`
`/’ ‘-
`
`-:_
`
`U.3. DEPARTMENT OF COMMERCE
`PATENT OFFICE
`
`ASSIGNMENTS 3
`/,%No previous assignments of record as of
`2 3
`I: See Tide Record for ownership information prior to this record
`
`.......................................— 92.-
`Serial No,
`Reel
`
`USCOMM-DC 25289-F3!
`
`
`
`
`
`.
`TlT“'F"*"*’**'* '
`ISSUED
`I
`REGISTRATION NO.
`I2-C PUB
`7054319
`RECEIPT Is HEREBY ACKNOWLEDGIIEDV/OF THE AFFIDAVIT FILED
`BY UNIVERSAL FOODS CORPORATION
`
`-v,
`=
`._
`»
`0c‘|' A. ]960
`
`'
`
`'
`""‘"’
`
`»
`
`I965
`ON OQT II
`X SEC. 8 -AFFIDAVIT ACCEPTED
`X SEC. ‘I5-AFFIDAVIT FILED
`BY DIRECTION O
`E COMMISSIONER
`2 F n
`15631
`DIRECTOR, TRADEMARK EXA
`H. mm
`as
`EDWARD D. CLEVELAND AND/OR ROBERT
`‘'°“’‘ ‘‘°’'‘‘“’‘
`P. HARLAND
`2'“
`2100 MARINE PLAZA
`AFFIDAVIT
`ACKNOWLEDGMENT _ MILHAUKEE, HIS, 53202
`U. S. DEPARTMENT OF COMMERCE - PATENT OFFICE
`
`uN
`
`N ‘
`
`fibfaatipgn
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