TEAS Plus New Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 78945451

Filing Date: 08/04/2006

To the Commissioner for Trademarks:
MARK: REACTOR (Standard Characters, see mark)
The literal element of the mark consists of REACTOR. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Dymatize Enterprises, Inc., a corporation of Texas, residing at 13737 N. Stemmons Fwy., Farmers Branch, Texas, United States, 74234-5761, 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 specific filing basis information for each item, you must view the display within the Input Table.
       International Class 032:  Energy drinks; Flavored waters; Fruit-flavored drinks; Sports drinks; Whey beverages

If the applicant is filing under Section 1(b), intent to use, the applicant declares that it has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(b), as amended.

If the applicant is filing under Section 1(a), actual use in commerce, the applicant declares that it is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended.

If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

The applicant hereby appoints David W. Carstens and Colin P. Cahoon, Scott L. Harper, Vince J. Allen, Jeffrey G. Degenfelder, James Gourley, Casey Griffith, Chris O’Hagan, Chad Walter, William Wang and Brandon Lee of Carstens & Cahoon, LLP, P.O. Box 802334, Dallas, Texas, United States, 75380 to submit this application on behalf of the applicant. The attorney docket/reference number is ADYMA.0165.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: tmdocketing@cclaw.com.

A fee payment in the amount of $275 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /David W. Carstens/   Date: 08/04/2006
Signatory's Name: David W. Carstens
Signatory's Position: Attorney
Mailing Address:
     David W. Carstens
     P.O. Box 802334
     Dallas, Texas 75380

RAM Sale Number: 402
RAM Accounting Date: 08/07/2006

Serial Number: 78945451
Internet Transmission Date: Fri Aug 04 17:00:54 EDT 2006
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-200608041700542248
09-78945451-332b6aab5558630b6fde8bca3a5a
bbc268-DA-402-20060804165143041407