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)

---

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: 88702272

Filing Date: 11/21/2019

To the Commissioner for Trademarks:

MARK: BRIO (stylized and/or with design, see mark)
The literal element of the mark consists of BRIO. The color(s) blue and white is/are claimed as a feature of the mark. The mark consists of the word "Brio" in stylized font in the color light blue, with the letter "B" in upper case and the letters "rio" in lower case, with a water drop in the colors of varying shades of light blue and white directly above the letter "i".
The applicant, Down Town Wholesalers, Inc., a corporation of California, having an address of
      5899 South Downey Road
      Vernon, California 90058
      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 011:  water treatment equipment, namely, water filtration units and reverse osmosis units; water filtration pitchers, valves, caps , water chillers, water heaters, water filtration, whole house water softeners, water purifiers, distillers

In International Class 011, 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 03/01/2014, and first used in commerce at least as early as 01/01/2015, 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) Brio filters and filtration products.
Specimen File1
Specimen File2

International Class 021:  pitchers; carboys; carafes; shaker bottles; reusable plastic water, bottles sold empty, sports bottles

In International Class 021, 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 03/01/2014, and first used in commerce at least as early as 01/01/2015, 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) Brio bottles with caps.
Specimen File1

International Class 032:  bottled water; flavored bottled water; purified bottled drinking water; bottled drinking water; drinking water
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.

International Class 039:  delivery services for drinking water; on-line wholesale and retail store services featuring drinking water and water related products
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.

International Class _______: Metal bottle caps; straw caps; sip caps; plastic caps; sports bottle caps

In International Class _______, 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 09/21/2018, and first used in commerce at least as early as 09/21/2018, 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) Brio bottle caps.
Specimen File1
Specimen File2

International Class _______: On-line wholesale and retail store services featuring drinking water and water related products

In International Class _______, 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 09/21/2018, and first used in commerce at least as early as 09/21/2018, 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) Website image of online wholesale and retail of Brio water products.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4972359 and 4972360.


The applicant hereby appoints Farhana Akther. Other appointed attorneys are Christopher S. Reeder. Farhana Akther of CSReeder, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      11766 Wilshire Blvd., Suite 1470
      Los Angeles, California 90025
      United States
      310-861-2470(phone)
      farhana@csrlawyers.com (authorized).
The attorney docket/reference number is 1-0010.
Farhana Akther 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:

Farhana Akther

CSReeder, PC

11766 Wilshire Blvd., Suite 1470

Los Angeles, California 90025

310-861-2470(phone)

farhana@csrlawyers.com; IP@csrlawyers.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 $1650 has been submitted with the application, representing payment for 6 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: /Farhana Akther/   Date: 11/21/2019
Signatory's Name: Farhana Akther
Signatory's Position: Attorney of record, California member
Payment Sale Number: 88702272
Payment Accounting Date: 11/21/2019

Serial Number: 88702272
Internet Transmission Date: Thu Nov 21 21:16:13 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019112121161330
4691-88702272-700dcf78e1afa44b0fe12986ab
107bffe2aace57a223e8874b4f446cfe2e26022-
CC-16111260-20191121210116744519