Trademark/Service Mark Application, Principal Register
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
TEAS Plus Application
Serial Number:88620985
Filing Date:09/18/2019
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular
application.
The mark consists of standard characters, without claim to any particular font style, size, or color.
REGISTER
Principal
APPLICANT INFORMATION
*OWNER OF MARK
Evlution Nutrition, LLC
*STREET
4631 Johnson Road, Suite 1
*CITY
Coconut Creek
*STATE
(Required for U.S. applicants)
Florida
*COUNTRY
United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
33073
WEBSITE ADDRESS
http://www.evlnutrition.com/
LEGAL ENTITY INFORMATION
*TYPE
LIMITED LIABILITY COMPANY
* STATE/COUNTRY WHERE LEGALLY ORGANIZED
Florida
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS
005
*IDENTIFICATION
Dietary and nutritional supplements containing branch-chained amino acids, namely, dietary and nutritional supplements in the form of
powdered drink mixes, tablets, bars, powders, nutritional drinks, and liquid drink mixes
The applicant claims ownership of active prior U.S. Registration Number(s) 4634529, 5420185, and 5420186.
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for
sufficiently similar goods/services of active U.S. Registration No(s). 4634529.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in
commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
ATTORNEY INFORMATION
NAME
Darren Heitner
ATTORNEY BAR MEMBERSHIP NUMBER
XXX
YEAR OF ADMISSION
XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY
XX
FIRM NAME
Heitner Legal, P.L.L.C.
STREET
215 Hendricks Isle
CITY
Fort Lauderdale
STATE
Florida
COUNTRY
United States
ZIP/POSTAL CODE
33301
PHONE
954-558-6999
EMAIL ADDRESS
darren@heitnerlegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
OTHER APPOINTED ATTORNEY
Alan Wilmot
CORRESPONDENCE INFORMATION
*NAME
Darren Heitner
FIRM NAME
Heitner Legal, P.L.L.C.
*STREET
215 Hendricks Isle
*CITY
Fort Lauderdale
*STATE
(Required for U.S. addresses)
Florida
*COUNTRY
United States
*ZIP/POSTAL CODE
33301
PHONE
954-558-6999
*EMAIL ADDRESS
darren@heitnerlegal.com; alan@heitnerlegal.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
FEE INFORMATION
APPLICATION FILING OPTION
TEAS Plus
NUMBER OF CLASSES
1
FEE PER CLASS
225
*TOTAL FEE PAID
225
SIGNATURE INFORMATION
* SIGNATURE
/Darren Heitner/
* SIGNATORY'S NAME
Darren Heitner
* SIGNATORY'S POSITION
Attorney of Record, Florida Bar Member
SIGNATORY'S PHONE NUMBER
954-558-6999
* DATE SIGNED
09/18/2019
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
TEAS Plus Application
Serial Number:88620985
Filing Date:09/18/2019
To the Commissioner for Trademarks:
MARK: BCAA ENERGY (Standard Characters, see mark)
The literal element of the mark consists of BCAA ENERGY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Evlution Nutrition, LLC, a limited liability company legally organized under the laws of Florida, having an address of
4631 Johnson Road, Suite 1
Coconut Creek, Florida 33073
United States
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 005: Dietary and nutritional supplements containing branch-chained amino acids, namely, dietary and nutritional supplements in the form of powdered drink mixes, tablets,
bars, powders, nutritional drinks, and liquid drink mixes
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 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/10/2014, and first used in commerce
at least as early as 04/10/2014, 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, .
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4634529, 5420185, and 5420186.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration
No(s). 4634529.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at
least the five years immediately before the date of this statement.
For informational purposes only, applicant's website address is: http://www.evlnutrition.com/
The applicant hereby appoints Darren Heitner. Other appointed attorneys are Alan Wilmot. Darren Heitner of Heitner Legal, P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, and the attorney(s) is located at
215 Hendricks Isle
Fort Lauderdale, Florida 33301
United States
954-558-6999(phone)
darren@heitnerlegal.com (authorized).
Darren Heitner submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current Correspondence Information:
Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at
the email address provided in this application. I understand that a valid email 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 Plus 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 $225 has been submitted with the application, representing payment for 1 class(es).
Declaration
Declaration Signature
Signature: /Darren Heitner/ Date: 09/18/2019
Signatory's Name: Darren Heitner
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: 954-558-6999
Payment Sale Number: 88620985
Payment Accounting Date: 09/18/2019
Serial Number: 88620985
Internet Transmission Date: Wed Sep 18 10:50:16 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2019091810501608
6598-88620985-61054f55406734f3b8da85d7c1
65cc5a53146a591a2f411a853adb51126e62-CC-
50132457-20190918104912820666