Preliminary Amendment

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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88429494 SYNERGY SODA(Standard Characters, see http://uspto.report/TM/88429494/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Energy drinks; Soda pops; Soda water; Aerated water; Aloe juice beverages; Apple juice beverages; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrates drinks for use as food fillers; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Club soda; Coconut-based beverages not being milk substitutes; Coconut-based non-alcoholic beverages not being milk substitutes; Corn-based beverages not for food purposes (chicha morada); Cream soda; Essences for making non-alcoholic beverages; Frozen carbonated beverages; Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice beverages; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice beverages; Green vegetable juice beverages; Iced fruit beverages; Kvass; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with coffee; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages flavoured with tea; Non-alcoholic beverages with tea flavor; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic soda beverages flavoured with tea; Non-alcoholic beer flavored beverages; Non-alcoholic cactus-based beverages; Non-alcoholic fruit juice beverages; Non-alcoholic honey-based beverages; Non-alcoholic malt beverages; Non-alcoholic rice-based beverages not being milk substitutes; Non-alcoholic sparkling fruit juice beverages; Non-alcoholic water-based beverages; Non-alcoholic water-based beverages also containing Yerba Mate; Non-carbonated, non-alcoholic frozen flavored beverages; Oat-based beverages with fruit juice not for food purposes; Oat-based beverages with milk not for food purposes; Orange juice beverages; Pineapple juice beverages; Ramune (Japanese soda pops); Sarsaparilla; Semi-frozen carbonated beverages; Sherbet beverages; Smoothies; Soft drinks, namely, sodas; Sorbets in the nature of beverages; Soy-based beverages not being milk substitutes; Soya-based beverages, other than milk substitutes; Tomato juice beverages; Tomato juice; Vegetable juice; Vegetable juices; Water beverages
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Energy drinks; Soda pops; Soda water; Aerated water; Aloe juice beverages; Apple juice beverages; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrates drinks for use as food fillers; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Club soda; Coconut-based beverages not being milk substitutes; Coconut-based non-alcoholic beverages not being milk substitutes; Corn-based beverages not for food purposes (chicha morada); Cream soda; Essences for making non-alcoholic beverages; Frozen carbonated beverages; Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice beverages; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice beverages; Green vegetable juice beverages; Iced fruit beverages; Kvass; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with coffee; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages flavoured with tea; Non-alcoholic beverages with tea flavor; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic soda beverages flavoured with tea; Non-alcoholic beer flavored beverages; Non-alcoholic cactus-based beverages; Non-alcoholic fruit juice beverages; Non-alcoholic honey-based beverages; Non-alcoholic malt beverages; Non-alcoholic rice-based beverages not being milk substitutes; Non-alcoholic sparkling fruit juice beverages; Non-alcoholic water-based beverages; Non-alcoholic water-based beverages also containing Yerba Mate; Non-carbonated, non-alcoholic frozen flavored beverages; Oat-based beverages with fruit juice not for food purposes; Oat-based beverages with milk not for food purposes; Orange juice beverages; Pineapple juice beverages; Ramune (Japanese soda pops); Sarsaparilla; Semi-frozen carbonated beverages; Sherbet beverages; Smoothies; Soft drinks, namely, sodas; Sorbets in the nature of beverages; Soy-based beverages not being milk substitutes; Soya-based beverages, other than milk substitutes; Tomato juice beverages; Tomato juice; Vegetable juice; Vegetable juices; Water beveragesClass 032 for Energy drinks; Soda pops; Soda water; Aerated water; Aloe juice beverages; Apple juice beverages; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, carbohydrates drinks for use as food fillers; Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Club soda; Coconut-based beverages not being milk substitutes; Coconut-based non-alcoholic beverages not being milk substitutes; Corn-based beverages not for food purposes (chicha morada); Cream soda; Frozen carbonated beverages; Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice beverages; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Grape juice beverages; Green vegetable juice beverages; Iced fruit beverages; Kvass; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with coffee; Non-alcoholic beverages flavored with tea; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages flavoured with tea; Non-alcoholic beverages with tea flavor; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic soda beverages flavoured with tea; Non-alcoholic beer flavored beverages; Non-alcoholic cactus-based beverages; Non-alcoholic fruit juice beverages; Non-alcoholic honey-based beverages; Non-alcoholic malt beverages; Non-alcoholic rice-based beverages not being milk substitutes; Non-alcoholic sparkling fruit juice beverages; Non-alcoholic water-based beverages; Non-alcoholic water-based beverages also containing Yerba Mate; Non-carbonated, non-alcoholic frozen flavored beverages; Oat-based beverages with fruit juice not for food purposes; Oat-based beverages with milk not for food purposes; Orange juice beverages; Pineapple juice beverages; Ramune (Japanese soda pops); Sarsaparilla; Semi-frozen carbonated beverages; Sherbet beverages; Smoothies; Soft drinks, namely, sodas; Sorbets in the nature of beverages; Soy-based beverages not being milk substitutes; Soya-based beverages, other than milk substitutes; Tomato juice beverages; Tomato juice; Vegetable juice; Vegetable juices; Water beverages
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SODA apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5182706.


SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Jonathan BeVier/     Date: 02/04/2020
Signatory's Name: Jonathan BeVier
Signatory's Position: Owner/principal

Signatory's Phone Number: 7074774203

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88429494
Internet Transmission Date: Tue Feb 04 14:59:28 EST 2020
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.XXX-20200204145928
846105-88429494-7005891916ba6cb8d532cb05
01ecd6011d375f2faae42c9f9d58784ceb70aefc
c1-N/A-N/A-20200204144643615681