Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85800621

Filing Date: 12/12/2012

To the Commissioner for Trademarks:

MARK: UNREAL (stylized and/or with design, see mark)

The literal element of the mark consists of UNREAL.
The mark consists of a vertical retangle, divided into six shaded boxes, each containing a series of lines that represent the word "unreal," with the letters "un" above the letters "re" which are above the letters "aL." Each letter is contained within a shaded box and is outlined with an unshaded line, except that the space between the legs of the "u," "n," "r," and "L" is unshaded.
The applicant, Unreal Brands, Inc., a corporation of Delaware, having an address of
      729 Boylston Street, Floor 2
      Boston, Massachusetts 02116
      United States


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 the following:

       International Class 005:  Dietary and nutritional supplements; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Dietary supplements; Food for medically restricted diets; Herbal supplements; Homeopathic supplements; Meal replacement bars; Meal replacement powders; Mineral nutritional supplements; Nutritional energy bars for use as a meal substitute; Nutritional supplement in the nature of a nutrientdense, protein-based drink mix; Nutritional supplements in the form of nutritionally fortified beverages, calcium, electrolyte drinks for therapeutic purposes, energy bars, lecithin, minerals, and vitamins; Nutritionally fortified beverages; Nutritionally fortified water; Vitamin and mineral supplements; Vitamin enriched water; Vitamin fortified beverages; Nutritional supplements, namely, anti-oxidant supplements in the form of pills, powders, creams and beverages; Vitamin and nutritionally fortified beverages containing biological accelerants for use in restoring energy levels and for use in revitalizing and restoring the immune system; Mineral supplement in the form of a drink; Tonics, namely, nutritional supplements; Nutritionally fortified beverages for use as supplements; Food supplements, namely, dietary fiber, drink mixes used as meal replacement, flax seed oil; Soy protein for use as a nutritional supplement in various powdered and ready-to-drink beverages; Herbal supplements and vitamins.
Intent to Use: The applicant 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)).

       International Class 029:  Potato chips; Potato-based snack foods; Vegetable-based snack foods.
Intent to Use: The applicant 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)).

       International Class 030:  Cakes; Candy; Candy bars; Caramels; Chocolate; Chocolate covered nuts; Chocolate truffles; Cookies.
Intent to Use: The applicant 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)).

       International Class 032:  Aerated water; Ale; Aloe vera drinks; Aloe vera juices; Beer; Beer-based coolers; Coffee-flavored soft drink; Cola; Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Energy drinks; Essences for use in making soft drinks; Flavored waters; Fruit drinks; Fruit flavored drinks; Fruit flavored soft drinks; Fruit juices; Fruit nectars; Fruit punch; Glacial water; Guarana drinks; Isotonic drinks; Juice base concentrates; Lager; Malt beer; Malt liquor; Mineral water; Non-alcoholic beer; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic cocktail mixes; Non-alcoholic cocktails; Nonalcoholic aperitifs; Pilsner; Pop; Porter; Preparations for making beverages, namely, for making soft drinks and fruit drinks; Quinine water; Seltzer water; Soda water; Soft drinks; Soft drinks flavored with tea; Soy-based beverages not being milk substitutes; Sports drinks; Spring water; Stout; Sweet cider; Syrups for making fruit-flavored drinks; Syrups for making soft drinks; Syrups for making whey-based beverages; Table water; Vegetable juices; Water beverages; Whey beverages; Tonic water.
Intent to Use: The applicant 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)).



The applicant's current Attorney Information:
      Nicole Rizzo Smith and J. Steven Baughman, Edward G. Black, Peter M. Brody, Emilia F. Cannella, James S. DeGraw, Jennifer Kwon, David M. McIntosh and Mark P. Szpak of Ropes & Gray LLP
      Prudential Tower, 800 Boylston Street
      Boston, Massachusetts 02199-3600
      United States
The attorney docket/reference number is 109703-T-080.

The applicant's current Correspondence Information:

Nicole Rizzo Smith

Ropes & Gray LLP

Prudential Tower, 800 Boylston Street

Boston, Massachusetts 02199-3600

617-951-7881(phone)

617-235-9493(fax)

trademarks@ropesgray.com (authorized)

A fee payment in the amount of $1300 has been submitted with the application, representing payment for 4 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.

Declaration Signature

Signature: Not Provided    Date: Not Provided
Signatory's Name: Steve Konczal
Signatory's Position: CFO
RAM Sale Number: 10213
RAM Accounting Date: 12/12/2012

Serial Number: 85800621
Internet Transmission Date: Wed Dec 12 12:07:39 EST 2012
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20121212120739713
437-85800621-49023891c977ccbbaafd52c16ec
28c9626b-DA-10213-20121212120427783824