| 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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
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| SERIAL NUMBER | 87727082 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK | https://tmng-al.uspto.gov/resting2/api/img/87727082/large |
| LITERAL ELEMENT | ALIVEBYNATURE |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| OWNER SECTION (current) | |
| NAME | nettles, bryan |
| DBA/AKA/TA/Formerly | DBA alivebynature, inc |
| STREET | 2574 Whispering Pines dr |
| CITY | fleming island |
| STATE | Florida |
| ZIP/POSTAL CODE | 32003 |
| COUNTRY | United States |
| PHONE | 408-203-8654 |
| FAX | 4082038654 |
| XXXX | |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL | Yes |
| OWNER SECTION (proposed) | |
| NAME | Bryan Nettles |
| STREET | 2574 Whispering Pines Dr. |
| CITY | fleming island |
| STATE | Florida |
| ZIP/POSTAL CODE | 32937-5101 |
| COUNTRY | United States |
| PHONE | 3212552332 |
| FAX | 3212552351 |
| XXXX | |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL | Yes |
| LEGAL ENTITY SECTION (current) | |
| TYPE | corporation |
| STATE/COUNTRY OF INCORPORATION | Florida |
| LEGAL ENTITY SECTION (proposed) | |
| TYPE | individual |
| COUNTRY OF CITIZENSHIP | United States |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 005 |
| DESCRIPTION | Dietary supplements |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 04/01/2014 |
| FIRST USE IN COMMERCE DATE | At least as early as 04/01/2014 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 005 |
| DESCRIPTION | Dietary supplements |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 04/01/2014 |
| FIRST USE IN COMMERCE DATE | At least as early as 04/01/2014 |
| STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT17\IMAGEOUT 17\877\270\87727082\xml4\ ROA0002.JPG |
| SPECIMEN DESCRIPTION | Screenshot of Applicant's website showing the mark as positioned on the goods being offered for sale to the public in interstate commerce |
| NEW ATTORNEY SECTION | |
| NAME | Mark R. Malek |
| FIRM NAME | Widerman Malek, PL |
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INDIVIDUAL ATTORNEY DOCKET/REFERENCE NUMBER | 3883.00001 |
| OTHER APPOINTED ATTORNEY | Mark F. Warzecha; Daniel C. Pierron; Kelly G. Swartz |
| STREET | 1990 West New Haven Avenue, Suite 201 |
| CITY | Melbourne |
| STATE | Florida |
| ZIP/POSTAL CODE | 32904 |
| COUNTRY | United States |
| PHONE | 3212552332 |
| FAX | 3212552351 |
| TMDocket@uslegalteam.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| CORRESPONDENCE SECTION | |
| ORIGINAL ADDRESS | NETTLES, BRYAN NETTLES, BRYAN 2574 WHISPERING PINES DR FLEMING ISLAND Florida US 32003 |
| NEW CORRESPONDENCE SECTION | |
| NAME | Mark R. Malek |
| FIRM NAME | Widerman Malek, PL |
| DOCKET/REFERENCE NUMBER | 3883.00001 |
| STREET | 1990 West New Haven Avenue, Suite 201 |
| CITY | Melbourne |
| STATE | Florida |
| ZIP/POSTAL CODE | 32904 |
| COUNTRY | United States |
| PHONE | 3212552332 |
| FAX | 3212552351 |
| TMDocket@uslegalteam.com;mark@uslegalteam.com; michelle@uslegalteam.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Mark R. Malek/ |
| SIGNATORY'S NAME | Mark R. Malek |
| SIGNATORY'S POSITION | Attorney of record, Florida Bar Member |
| SIGNATORY'S PHONE NUMBER | 3212552332 |
| DATE SIGNED | 08/24/2018 |
| RESPONSE SIGNATURE | /Mark R. Malek/ |
| SIGNATORY'S NAME | Mark R. Malek |
| SIGNATORY'S POSITION | Attorney of record, Florida Bar Member |
| SIGNATORY'S PHONE NUMBER | 3212552332 |
| DATE SIGNED | 08/24/2018 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Aug 24 17:24:29 EDT 2018 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 180824172429384695-877270 82-610a924244d82531782cba 28d208c551d9e832226bccac8 51765bc769fbdaf73c-N/A-N/ A-20180824171157111929 |
| 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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
DECLARATION: 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 submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.