TEAS RF 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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88239136

Filing Date: 12/21/2018

To the Commissioner for Trademarks:

MARK: CYCLE (Standard Characters, see mark)
The literal element of the mark consists of CYCLE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Cycle Water Ltd., a corporation of Canada, having an address of
      15 Thorncrest Road
      Toronto, ON M9A1R8
      Canada

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:

       International Class 030:  Candy; cocoa; coffee; tea; cereal-based snack foods; grain-based snack foods; granola snacks; gummy candies; chocolate-based snack food, chocolate, and snack mix consisting primarily of processed nuts, seeds, dried fruit and chocolate.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1906056, filed 06/25/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 032:  Non-alcoholic beverages namely, mineral water; flavored enhanced water; vegetable drinks; vegetable-fruit juices; syrups and powders used in the preparation of drinks; colas; carbonated waters; energy drinks; frozen fruit-based drinks; fruit drinks and fruit juices; fruit flavored carbonated drinks; fruit smoothies; isotonic drinks; lemonades; sports drinks; sports drinks containing electrolytes.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1906056, filed 06/25/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 033:  Alcoholic pre-mixed cocktails.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1906056, filed 06/25/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Sarah M. Robertson and Sandra Edelman, Bruce R. Ewing, Robert M. Wasnofski, Jr., Fara S. Sunderji and Adam Sapper of Dorsey & Whitney LLP      51 West 52nd Street
      New York, New York 10019-6119
      United States
      212-415-9200(phone)
      212.953.7201(fax)
      ny.trademark@dorsey.com (authorized)


The applicant hereby appoints Sarah M. Robertson of Dorsey & Whitney LLP
      51 West 52nd Street
      New York New York 10019-6119
      United States
      212-415-9200(phone)
      212.953.7201(fax)
      ny.trademark@dorsey.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Sarah M. Robertson

Dorsey & Whitney LLP

51 West 52nd Street

New York, New York 10019-6119

212-415-9200(phone)

212.953.7201(fax)

ny.trademark@dorsey.com;robertson.sarah@dorsey.com; sapper.adam@dorsey.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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.
	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 the application or submission 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.

Declaration Signature

Signature: /smr/   Date: 12/21/2018
Signatory's Name: Sarah M. Robertson
Signatory's Position: Attorney of Record, New York bar member
Payment Sale Number: 88239136
Payment Accounting Date: 12/26/2018

Serial Number: 88239136
Internet Transmission Date: Fri Dec 21 14:47:41 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2018122114474190
4299-88239136-620798ab89ad9e5dc2caac3d4a
5b142963b94f7298a4060e318c9ec94e01af085-
CC-1671-20181221111020188777