TEAS Plus 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

TEAS Plus Application

Serial Number: 88723039

Filing Date: 12/11/2019

To the Commissioner for Trademarks:

MARK: KENTUCKY (stylized and/or with design, see mark)
The literal element of the mark consists of KENTUCKY. The applicant is not claiming color as a feature of the mark. The mark consists of the word "KENTUCKY" in stylized font arched above the design of a horse head facing leftward.
The applicant, Alltech, Inc., a corporation of Kentucky, having an address of
      3031 Catnip Hill Road
      Nicholasville, Kentucky 40356
      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 033:  Alcoholic tea-based beverage; Flavored malt-based alcoholic beverages, excluding beers; Flavored brewed malt beverage; Alcoholic beverage produced from a brewed malt base with natural flavors
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. (15 U.S.C. Section 1051(b)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5901705.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
KENTUCKY 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). 5901705, 4500711, 4629397 .


The applicant hereby appoints Joseph R. Dages. Other appointed attorneys are Amy B. Berge. Joseph R. Dages of Middleton Reutlinger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 2600
      401 South Fourth Street
      Louisville, Kentucky 40202
      United States
      502-625-2865(phone)
      502-588-1965(fax)
      jdages@middletonlaw.com (authorized).

Joseph R. Dages 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:

Joseph R. Dages

Middleton Reutlinger

Suite 2600       401 South Fourth Street

Louisville, Kentucky 40202

502-625-2865(phone)

502-588-1965(fax)

jdages@middletonlaw.com; ashouse@alltech.com (authorized). 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

	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: /Joseph R. Dages/   Date: 12/11/2019
Signatory's Name: Joseph R. Dages
Signatory's Position: Attorney of record, Kentucky bar member
Signatory's Phone Number: 502-625-2865
Payment Sale Number: 88723039
Payment Accounting Date: 12/11/2019

Serial Number: 88723039
Internet Transmission Date: Wed Dec 11 12:51:45 EST 2019
TEAS Stamp: USPTO/FTK-XX.XX.X.XXX-201912111251458678
35-88723039-7002e1e84d07c71fd1e3f6d83e07
69f12c2c07ada9c72c44b20761f1c9c1a16363-C
C-51439418-20191211123748851529