Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: DAYDREAM(Standard Characters, see http://uspto.report/TM/88457531/mark.png)
SERIAL NUMBER: 88457531
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: 11270702 Canada Inc., having an address of
      112 Saint Nicholas Cres
      Woodbridge ONTARIO, L4H3E6
      Canada
      Email: XXXX
Proposed: 11270702 Canada Inc., having an address of
      112 Saint Nicholas Cres
      Woodbridge ONTARIO, L4H3E6
      Canada
      Phone:
      Email: XXXX



The owner is submitting the following allegation of use information:

For International Class 032:
Current identification: Functional beverages in the nature of energy drinks; fortified beverages in the nature of energy drinks; energy drinks; isotonic beverages; non-alcoholic carbonated beverages; flavoured waters; vitamin enhanced drinking water; herbal beverages in the nature of adaptogenic herb infused energy drinks; energy drinks flavored with cold-brewed coffee; energy drinks flavored with coffee; all of the foregoing excluding CBD and ingredients solely derived from hemp with a delta-9 tetrahyrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/31/2019, and first used in commerce at least as early as 11/20/2022, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photograph of product bearing the mark.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Judith Keene
      PRIMARY EMAIL FOR CORRESPONDENCE: jkeene@hpdlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hpdlaw.com; LPinsent@mltaikins.com
Correspondence Information (proposed):
      Judith Keene
      PRIMARY EMAIL FOR CORRESPONDENCE: jkeene@hpdlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hpdlaw.com; LPinsent@mltaikins.com

The docket/reference number is 778L002UST.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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.

Signature: /jkeeneperLP/      Date Signed: 12/02/2022
Signatory's Name: Judith Keene
Signatory's Position: Attorney of Record
Signatory's Phone: 720-684-5375
Signature method: Signed directly within the form

PAYMENT: 88457531
PAYMENT DATE: 12/02/2022

Serial Number: 88457531
Internet Transmission Date: Fri Dec 02 11:50:59 ET 2022
TEAS Stamp: USPTO/SOU-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20221202115101176924-88457531-8
00c63b5f64639c414d56d22b6cccf877a62dc1d9
777d7deaff35d8e8c67b23b93-CC-50593742-20
221202114355989808