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: 88813740

Filing Date: 02/27/020

To the Commissioner for Trademarks:

MARK: EMERGE (Standard Characters, see mark)
The literal element of the mark consists of EMERGE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Max One Nutrition, LLC, a limited liability company legally organized under the laws of South Dakota, having an address of
      2320 West 54th St N.
      Sioux Falls, South Dakota 57107
      United States
      JJervik@Max1Nutrition.com

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 032:  Sports drinks, namely, energy drinks
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4827367.


The owner's/holder's proposed attorney information: Clint D. Cadwallader. Other appointed attorneys are Luke C. Holst. Clint D. Cadwallader of McGrath North Mullin & Kratz, PC LLO, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1601 Dodge St, Suite 3700
      Omaha, Nebraska 68102
      United States
      402-341-3070(phone)
      402-341-0216(fax)
      trademark@mcgrathnorth.com

Clint D. Cadwallader 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:

Clint D. Cadwallader

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@mcgrathnorth.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ccadwallader@mcgrathnorth.com 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 $275 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: /Jody Reno/   Date: 02/27/2020
Signatory's Name: Jody Reno
Signatory's Position: CEO
Payment Sale Number: 88813740
Payment Accounting Date: 02/27/2020

Serial Number: 88813740
Internet Transmission Date: Thu Feb 27 17:54:49 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.X-20200227175449599
295-88813740-710531ab420d02c77f88929fa44
51b2d0a84e58bc08614b8cc2b57c7d4d8d-CC-54
482542-20200225134721054864