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: 88623036

Filing Date: 09/19/2019

To the Commissioner for Trademarks:

MARK: HYDRATE (stylized and/or with design, see below )

The literal element of the mark consists of HYDRATE. The color(s) blue, yellow, and white is/are claimed as a feature of the mark. The mark consists of an image of the surface of water appearing in blue with yellow and white electricity appearing above, and the term "HYDRATE" appearing in white.
The applicant, Maple Tree Acres, LLC, a limited liability company legally organized under the laws of Tennessee, having an address of
      2865 Mountain Ranch Drive
      Dandridge, Tennessee 37725-4031
      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:

International Class 032:  bottled alkaline water

In International Class 032, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, 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, consisting of a(n) images of product and product packaging bearing the mark.
Specimen File1
Specimen File2
Specimen File3



Miscellaneous Statement
EXPLANATION OF INCONSEQUENTIAL OR INFRINGING USE (TMEP 1212.05(b)): On or about August 25, 2015, Applicant began selling goods bearing its above-identified mark to Walmart, Inc. for resale in Walmart's "WALMART" branded retail stores. Applicant is aware of a competitor, Premium Waters, Inc., that has recently begun selling alkaline water products bearing the term "HYDRATE" to Walmart for resale in Walmart's "WALMART" branded retail stores. To Applicant's knowledge, such use of the term "HYDRATE" by Premium Waters, Inc. and/or Walmart began after Applicant developed acquired distinctiveness in the above-identified mark pursuant to Section 2(f) of the Trademark Act. Thus, to Applicant's knowledge, such use of the term "HYDRATE" by Premium Waters, Inc. and/or Walmart constitutes "infringing use," and thus does not invalidate Applicant's claim of acquired distinctiveness under Section 2(f). See TMEP 1212.05(b); L.D. Kichler Co. v. Davoil, Inc., 192 F.3d 1349, 1352, 52 USPQ2d 1307, 1309 (Fed. Cir. 1999).

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
HYDRATE 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.


The applicant hereby appoints Jacob G. Horton. Other appointed attorneys are Robert E. Pitts, Andrew C. Lake, Thomas L. Jones; Raymond E. Stephens; Jonathan M. Blanchard. Jacob G. Horton of Pitts & Lake, P.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
      P.O. Box 51295
      Knoxville, Tennessee 37950-1295
      United States
      865-584-0105(phone)
      865-584-0104(fax)
      docketing@pittslake.com (authorized).
The attorney docket/reference number is 82116.82.
Jacob G. Horton 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:

Jacob G. Horton

Pitts & Lake, P.C.

P.O. Box 51295

Knoxville, Tennessee 37950-1295

865-584-0105(phone)

865-584-0104(fax)

docketing@pittslake.com; jhorton@pittslake.com; kself@pittslake.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, 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 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 $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT17\IMAGEOUT17\886\230\88623036\xml1\RFA0006.JPG



Signatory's Name: Timothy L. Munson
Signatory's Position: Vice President
Payment Sale Number: 88623036
Payment Accounting Date: 09/19/2019

Serial Number: 88623036
Internet Transmission Date: Thu Sep 19 13:08:40 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-201909191308403717
07-88623036-6109d20f6ee916418db2d7e47dfb
f3ff2cb9c2687d1a7f75e4ce1f27d4df3209891-
CC-08397741-20190919130242537665