Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: UNREAL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85385217)
SERIAL NUMBER: 85385217



The applicant, UNREAL BRANDS, INC., having an address of
      53 SARGENT CROSSWAY
      BROOKLINE, Massachusetts 02445
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: 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 nutrient-dense, protein-based drink mix; Nutritional supplements in the form of nutritionally fortified beverages, calcium, electrolyte drinks, 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; nutritionally fortified beverages, namely, non-alcoholic anti-oxidant fruit extract 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 drinks; 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; Dietary soy supplements; Soy nutritional supplements; Herbal supplements and vitamins

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 029:
Current identification: Potato chips; Potato-based snack foods; Vegetable-based snack foods

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 030:
Current identification: Cakes; Candy; Candy bars; Caramels; Chocolate; Chocolate covered nuts; Chocolate truffles; Cookies

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Cakes; Cookies

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Candy; Candy bars; Caramels; Chocolate; Chocolate covered nuts; Chocolate truffles
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/31/2012, and first used in commerce at least as early as 05/31/2012, 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) Product packaging bearing the subject mark.
Specimen File1
Specimen File2
Specimen File3


For International Class 032:
Current identification: 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

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Candy; Candy bars; Caramels; Chocolate; Chocolate covered nuts; Chocolate truffles (Class 030)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Cakes; Cookies (Class 30); Class 005; Class 029; Class 032
The applicant's current Correspondence Information: RAKESH M. AMIN of  AMIN TALATI, LLC
      225 N MICHIGAN AVE STE 700
      CHICAGO, Illinois (IL) 60601-7682
      United States (USX)
The docket/reference number is UNREAL.
The applicant's proposed Correspondence Information: RAKESH M. AMIN of  AMIN TALATI, LLC
      Suite 3400
      55 West Monroe Street
      CHICAGO, Illinois (IL) 60603
      United States (USX)
The docket/reference number is UNREAL.

The phone number is 3123273328.

The fax number is 3128847352.

The email address is trademark@amintalati.com.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; 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: /Carlos Canals/      Date Signed: 07/18/2012
Signatory's Name: Carlos Canals
Signatory's Position: CEO
Signatory's Phone: (617)413-6212

Request to Divide Signature


Signature: /Rakesh M. Amin/    Date: 07/18/2012
Signatory's Name: Rakesh M. Amin
Signatory's Position: Attorney for Applicant

Signatory's Phone: (312)327-3382


RAM Sale Number: 3054
RAM Accounting Date: 07/19/2012

Serial Number: 85385217
Internet Transmission Date: Wed Jul 18 16:15:34 EDT 2012
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2012071816153401
3715-85385217-4902e62447c4013af3da13eba7
13271ca11-CC-3054-20120712154819163372