TEAS Plus New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 87005546

Filing Date: 04/19/2016

To the Commissioner for Trademarks:

MARK: the words MTN DEW PITCH BLACK (stylized and/or with design, see mark)

The literal element of the mark consists of the words MTN DEW PITCH BLACK.
The applicant is not claiming color as a feature of the mark. The mark consists of the words MTN DEW PITCH BLACK in stylized form.
The applicant, PEPSICO, INC., a corporation of North Carolina, having an address of
      700 ANDERSON HILL ROAD
      PURCHASE, New York 10577
      United States
      914-253-3443(phone)
      XXXX (not authorized)

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 032:  Soft drinks; Concentrates, syrups or powders used in the preparation of soft drinks

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 032, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 05/02/2011, and first used in commerce at least as early as 05/02/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) A photograph of product packaging.
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4072953, 0820362, and 3674349.


The applicant's current Attorney Information:
      PAUL A. LEE and JANET SILVERBERG, JEANETTE S. ZIMMER of PEPSICO, INC.
      MAIL STOP 3A-421
      7701 LEGACY DRIVE
      PLANO, Texas 75024
      United States
      9142533443(phone)
      trademarks@pepsico.com (authorized)

The applicant's current Correspondence Information:

PAUL A. LEE

PEPSICO, INC.

MAIL STOP 3A-421       7701 LEGACY DRIVE

PLANO, Texas 75024

9142533443(phone)

trademarks@pepsico.com;kelly.lasaponara@pepsico.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. 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 the application or any registration resulting therefrom, 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: /Paul A. Lee/   Date Signed: 04/18/2016
Signatory's Name: PAUL A. LEE
Signatory's Position: ATTORNEY OF RECORD, NY BAR MEMBER



RAM Sale Number: 87005546
RAM Accounting Date: 04/19/2016

Serial Number: 87005546
Internet Transmission Date: Tue Apr 19 10:07:44 EDT 2016
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201604191007449450
18-87005546-5504a84ee5232b83a16526a5aa42
1d034ed7dcf20b678b4b68afe6a9a907b88af61-
DA-8689-20160418151138183790