Section 7 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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 07/31/2018)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 5162172 HEYDAY(Standard Characters, see http://uspto.report/TM/86811934/mark.png) has been amended as follows:

EXPLANATION OF FILING
Registrant wishes to amend the description of services to read "Ready to drink coffee; ready to drink coffee based beverages, all of the forgoing excluding coffee beans and fresh brewed coffee provided in restaurants" in Class 30 in accordance with TMEP Section 1609.03.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee; Coffee-based beverages
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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. The mark was first used at least as early as 11/28/2015 and first used in commerce at least as early as 11/28/2015, and is now in use in such commerce.

Proposed: Class 030 for Ready to drink coffee; ready to drink coffee based beverages, all of the forgoing excluding coffee beans and fresh brewed coffee provided in restaurants.
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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. The mark was first used at least as early as 11/28/2015 and first used in commerce at least as early as 11/28/2015, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: HEYDAY BEVERAGE COMPANY, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      PO BOX 1269
      AUSTIN, Texas 78767
      United States
      XXXX (authorized)
      9045688014
Proposed: HEYDAY BEVERAGE COMPANY, LLC, a limited liability company legally organized under the laws of Texas, having an address of

      PO BOX 1269
      AUSTIN, Texas 78767
      United States
      
      


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: Gayle L. Strong GREENBERG TRAURIG, LLP 1200 17th Street, Suite 2400 Denver Colorado United States 80202
Proposed: Gayle L. Strong of Greenberg Traurig LLP, having an address of 1200 17th Street, Suite 2400 Denver, Colorado United States 80202, whose e-mail address is GTIPMAIL@gtlaw.com, whose phone number is 303 572 6500 and whose fax number is 303 572 6540.
The attorney docket/reference number is 166300.01020.
The Other Appointed Attorney(s): other appointed attorneys of USPTO custo.


CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: Gayle L. Strong GREENBERG TRAURIG, LLP 1200 17th Street, Suite 2400 Denver Colorado United States 80202
Proposed: Gayle L. Strong of Greenberg Traurig LLP, having an address of 1200 17th Street, Suite 2400 Denver, Colorado United States 80202, whose e-mail address is GTIPMAIL@gtlaw.com; strongg@gtlaw.com; dentonj@gtlaw.com, whose phone number is 303 572 6500 and whose fax number is 303 572 6540.
The docket/reference number is 166300.01020.


FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
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, 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: /Gayle L. Strong/      Date: 10/06/2017
Signatory's Name: Gayle L. Strong
Signatory's Position: Attorney of record, USPTO bar member
Signatory's Phone: 303 572 6500

Request Signature
Signature: /Gayle L. Strong/     Date: 10/06/2017
Signatory's Name: Gayle L. Strong
Signatory's Position: Attorney of record, USPTO bar member

Signatory's Phone: 303 572 6500

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the registrant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    Gayle L. Strong
   Greenberg Traurig LLP
   1200 17th Street, Suite 2400
   Denver, Colorado 80202
        
RAM Sale Number: 5162172
RAM Accounting Date: 10/06/2017
        
Serial Number: 86811934
Internet Transmission Date: Fri Oct 06 13:17:10 EDT 2017
TEAS Stamp: USPTO/S7R-XXX.XXX.XX.XX-2017100613171025
6883-5162172-51057a96279164306f279facfda
47032431d1ae7ceb0721a306bedd2b4fae1c911-
DA-11012-20171006120858243901