Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:

MARK: FRED
SERIAL NUMBER: 78861122

The applicant, 4th Street Consulting LLC, having an address of 72 Grove Street 2F, New York, New York United States 10014, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 005:
Current identification: Vitamin enhanced waters

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/31/2006, and first used in commerce at least as early as 07/31/2006, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photograph of bottle bearing the mark and containing the goods..
Specimen File1

For International Class 032:
Current identification: beverages, namely, drinking waters, flavored waters, mineral and aerated waters, other non-alcoholic beverages, namely soft drinks, energy drinks and sports drinks, fruit drinks and juices, syrups for beverages, concentrates and powders for making beverages, namely flavored waters, mineral and aerated waters, soft drinks, energy drinks, sport drinks, fruit drinks and juices

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/31/2006, and first used in commerce at least as early as 07/31/2006, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photograph of bottle bearing the mark and containing the goods..
Specimen File1

The applicant hereby appoints H. Jay Spiegel of  H. JAY SPIEGEL & ASSOCIATES, PO BOX 11, MOUNT VERNON, Virginia United States 22121-0011 to submit this Trademark/Service Mark Amendment to Allege Use on behalf of the applicant.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /H. Jay Spiegel/      Date Signed: 08/10/2007
Signatory's Name: H. Jay Spiegel
Signatory's Position: Applicant's Attorney

Mailing Address:
   H. JAY SPIEGEL & ASSOCIATES
   
   PO BOX 11
   MOUNT VERNON, Virginia 22121-0011

Mailing Address:
   H. JAY SPIEGEL & ASSOCIATES
   
   PO BOX 11
   MOUNT VERNON, Virginia 22121-0011

RAM Sale Number: 5733
RAM Accounting Date: 08/10/2007

Serial Number: 78861122
Internet Transmission Date: Fri Aug 10 11:26:23 EDT 2007
TEAS Stamp: USPTO/AAU-XX.XX.XXX.XXX-2007081011262346
5239-78861122-380f76229b92e803932dc13082
1a1889c8-CC-5733-20070810111701038427