Section 71 Request

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1663 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1663 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3561283
REGISTRATION DATE: 01/13/2009

MARK: (Stylized and/or with Design, RED BULL (see, mark))

The owner/holder, Red Bull GmbH, a limited liability company legally organized under the laws of Austria, having an address of
      Am Brunnen 1
      Fuschl am See, A5330
      Austria
is filing a Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71.

For International Class 006, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a signboard bearing the mark.
Specimen File1

For International Class 009, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  prerecorded video tapes and; computer programs for creating and running background images and graphics on computer monitors and computer systems; machine readable data carriers of all types with programs installed

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: Magnetic data carriers, namely, video discs in the field of aviation, sports, aerobatics, flying competitions, entertainment, athletic competitions, and exhibitions; automatic vending machines; entertainment machines, namely, electronic video game machines for use with televisions; video game software; downloadable electronic publications in the fields of aviation, sports, aerobatics, flying competitions, entertainment, culture, energy drinks, athletic competitions and exhibitions, sports and athletic equipment, clothing and fashion, computers, audio and video equipment, cars and motorcycles, boats and exercise, food and beverages, music, dancing, watercraft, concerts, collegiate activities, and health and nutrition; computer programs for downloading and playing videos, audio files, music, podcasts and entertainment content on computers, cell phones, PDA's and electronic hand-held terminals and devices; computer game programs; downloadable screen savers; computer programs for handling e-commerce transactions; computer games programs; protective clothing for sports purposes, namely, protective helmets; protective shields, namely, ear, protective shields; marker buoys; luminous signs, luminous advertising signs

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of vending machine bearing the mark.
Specimen File1

For International Class 011, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a refrigerated display cabinet bearing the mark.
Specimen File1

For International Class 012, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  refrigerated trucks;

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: Land vehicles; motor racing vehicles, namely, racing cars; parachutes

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a parachute displaying the mark.
Specimen File1

For International Class 016, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  flags of paper

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: Paper, cardboard, and goods made from these materials included in this class, namely, paper or cardboard packaging; packaging containers of paper; printed matter, namely, leaflets, brochures and folders in the field of sport, culture and energy drinks; photographs; posters; paper and plastic transparencies; signboards of paper or cardboard; stickers; printed instructional, educational, and teaching materials in the field of sport, culture and energy drinks; black boards

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a leaflet bearing the mark.
Specimen File1

For International Class 018, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a backpack bearing the mark.
Specimen File1

For International Class 019, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of transportable building bearing the mark.
Specimen File1
Specimen File2
Specimen File3

For International Class 020, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a display board bearing the mark.
Specimen File1

For International Class 021, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a plastic cup bearing the mark.
Specimen File1

For International Class 022, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a tarpaulin bearing the mark.
Specimen File1

For International Class 024, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a cloth flag bearing the mark.
Specimen File1

For International Class 025, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a jacket bearing the mark.
Specimen File1

For International Class 027, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a bar mat bearing the mark.
Specimen File1

For International Class 028, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of a ball bearing the mark.
Specimen File1

For International Class 032, the mark is 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 registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of commercial packaging bearing the mark.
Specimen File1

For International Class 035, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  distribution of goods for advertising purposes

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: Advertising, namely, promotion of goods and services and of competitive events, namely, competitive events of a sporting nature; arranging of advertising; online advertising on a computer network

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of promotional poster bearing the mark.
Specimen File1

For International Class 041, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  night clubs and discotheque services

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: Entertainment, namely, musical performances and television entertainment programs in the field of sports, culture, lifestyle, news and music, theatre performances, sport and music competitions and festivals, video and still photo exhibitions; sporting and cultural activities, namely, the staging of sports competitions; organization of exhibitions for cultural, sporting and educational purposes; publication of electronic publications; game services provided on-line

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) screenshot of television program bearing the mark.
Specimen File1

For International Class 043, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  canteens

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: Services for providing food and drinks, namely, bar services, cafes, cafeterias, snack bars, restaurants, self-service restaurants; food and drink catering

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) screenshot of webpage providing information on catering services and bearing the mark.
Specimen File1
The registrant's current Attorney Information: Joseph V. Myers III of  Seyfarth Shaw, LLP
      1075 Peachtree St., #2500
      Atlanta, Georgia 30309
      United States
The phone number is 404-885-1500.
The email address is tmatlanta@seyfarth.com. (authorized)

The registrant's proposed Attorney Information: Joseph V. Myers III of  Seyfarth Shaw, LLP
      1075 Peachtree St., #2500
      Atlanta, Georgia 30309
      United States The Other Appointed Attorney(s): 104002-030150.

The phone number is 404-885-1500.
The email address is tmatlanta@seyfarth.com. (authorized)

A fee payment in the amount of $2250 will be submitted with the form, representing payment for 18 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner/holder has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s).
	Unless the owner/holder has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
	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: /Birgit Choudhry/    Date: 11/20/2018
Signatory's Name: Birgit Choudhry
Signatory's Position: Global IP Prosecution Counsel
Signatory's Phone: 4366265827237

Mailing Address (current):
   Seyfarth Shaw, LLP
   1075 Peachtree St., #2500
   Atlanta, Georgia 30309

Mailing Address (proposed):
   Seyfarth Shaw, LLP
   1075 Peachtree St., #2500
   Atlanta, Georgia 30309

Serial Number: 79047033
Internet Transmission Date: Tue Nov 20 08:57:18 EST 2018
TEAS Stamp: USPTO/SECT71-XX.XX.XX.XX-201811200857188
48593-3561283-610f9e01efa9c259f69477241e
77fb6757768676ed666b28f1aaae9d67e1bc7533
-DA-8998-20181119105535064985