PR-Section 8

MAARS DRINKWARE

Bergamon Inc

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

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 1563 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 4759140
REGISTRATION DATE 06/23/2015
SERIAL NUMBER 86402125
MARK SECTION
MARK MAARS DRINKWARE (see, mark)
ATTORNEY INFORMATION (new)
NAME Jamie Couche
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Anderson & Poole, P.C.
INTERNAL ADDRESS 601 california street, ste. 1300
STREET 601 california street, ste. 1300
CITY san francisco
STATE California
POSTAL CODE 94108
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 4159566413
EMAIL jcouche@adplaw.com
OTHER APPOINTED ATTORNEY Ellis Ross Anderson
RECOGNIZED CANADIAN ATTORNEY/AGENT Jamie
CORRESPONDENCE INFORMATION (current)
NAME BERGAMON INC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE peter@saveacup.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Jamie Couche
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jcouche@adplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) peter@saveacup.com
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 021
GOODS OR SERVICES Household containers for food, namely, environmentally friendly reusable containers for food
SPECIMEN FILE NAME(S) \\TICRS\EXPORT18\IMAGEOUT 18\864\021\86402125\xml2 \ S080002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\864\021\86402125\xml2 \ S080003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\864\021\86402125\xml2 \ S080004.JPG
SPECIMEN DESCRIPTION The specimen includes three screenshots of Bergamon's website which describes its products and shows them for sale. Some products specifically include the Maars trademarked name and the products have the Maars name on their packaging and products.
MISCELLANEOUS STATEMENT If there is any additional information or specimens that you need, please do not hesitate to contact us.
OWNER SECTION (current)
NAME Bergamon Inc
MAILING ADDRESS 1454 E FLORENCE AVE
CITY LOS ANGELES
STATE California
ZIP/POSTAL CODE 90001
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 6268263188
EMAIL XXXX
OWNER SECTION (proposed)
NAME Bergamon Inc
DBA/AKA/TA/Formerly DBA SaveACup
MAILING ADDRESS 9647 Santa Fe Springs Road
CITY Santa Fe Springs
STATE California
ZIP/POSTAL CODE 90670
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 6268263188
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE corporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION California
PAYMENT SECTION
NUMBER OF CLASSES 1
NUMBER OF CLASSES PAID 1
FILING § 8 AFFIDAVIT PER CLASS 125
TOTAL FEE PAID 125
SIGNATURE SECTION
SIGNATURE /Jamie Couche/
SIGNATORY'S NAME Jamie Couche
SIGNATORY'S POSITION Attorney of Record
DATE SIGNED 07/07/2020
SIGNATORY'S PHONE NUMBER 4159566413
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Tue Jul 07 18:07:44 ET 2020
TEAS STAMP USPTO/SECT08-XX.XX.XXX.XX
-20200707180744263700-475
9140-710cd136dba82c31ff12
f2a224d9a12349ea627bc60ec
991d6920cef2a33e1140-CC-0
7421104-20200707173644031
018



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 1563 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)


Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8


To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4759140
REGISTRATION DATE: 06/23/2015

MARK: MAARS DRINKWARE

Current: The owner, Bergamon Inc, a corporation of California, having an address of
      1454 E FLORENCE AVE
      LOS ANGELES, California 90001
      United States
      XXXX
      6268263188

Proposed: The owner, Bergamon Inc, DBA SaveACup, a corporation of California, having an address of
      9647 Santa Fe Springs Road
      Santa Fe Springs, California 90670
      United States
      6268263188
      XXXX
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

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 registration for this specific class: Household containers for food, namely, environmentally friendly reusable containers for food ; 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) The specimen includes three screenshots of Bergamon's website which describes its products and shows them for sale. Some products specifically include the Maars trademarked name and the products have the Maars name on their packaging and products..
Specimen File1
Specimen File2
Specimen File3

MISCELLANEOUS STATEMENTS
If there is any additional information or specimens that you need, please do not hesitate to contact us.


The owner's/holder's proposed attorney information Jamie Couche. Other appointed attorneys are Ellis Ross Anderson. Recognized Canadian attorney(s)/agent(s) is/are Jamie. Jamie Couche of Anderson & Poole, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      601 california street, ste. 1300
      601 california street, ste. 1300
      san francisco, California 94108
      United States
to submit this Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8 on behalf of the applicant.

The phone number is 4159566413.

The email address is jcouche@adplaw.com

Jamie Couche submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      BERGAMON INC
      PRIMARY EMAIL FOR CORRESPONDENCE: peter@saveacup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jamie Couche
      PRIMARY EMAIL FOR CORRESPONDENCE: jcouche@adplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): peter@saveacup.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $125 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
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: /Jamie Couche/    Date: 07/07/2020
Signatory's Name: Jamie Couche
Signatory's Position: Attorney of Record
Signatory's Phone: 4159566413

Mailing Address:
   Anderson & Poole, P.C.
   601 california street, ste. 1300
   san francisco, California 94108

Serial Number: 86402125
Internet Transmission Date: Tue Jul 07 18:07:44 ET 2020
TEAS Stamp: USPTO/SECT08-XX.XX.XXX.XX-20200707180744
263700-4759140-710cd136dba82c31ff12f2a22
4d9a12349ea627bc60ec991d6920cef2a33e1140
-CC-07421104-20200707173644031018

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