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: 88831866

Filing Date: 03/12/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The mark consists of images of twenty berries, including raspberries, blueberries and blackberries, appearing in a vertical, scattered, and semi-stacked formation as though they are falling randomly, and such that some of the berry images are overlapping.
The applicant, Talking Rain Beverage Company, Inc., a corporation of Washington, having an address of
      0520 SE 84th Street
      Preston, Washington 98050
      United States
      legal@talkingrain.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:

International Class 032:  Soft drinks; fruit flavored soft drinks; fruit flavored carbonated drinks; non-alcoholic beverages, namely, carbonated beverages; carbonated flavored waters; flavored water; water beverages; non-alcoholic fruit juice beverages; non-alcoholic fruit flavored beverages; flavored enhanced water; drinking water enhanced with vitamins; drinking water enhanced with electrolytes; energy drinks; sports drinks; aerated 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.




The owner's/holder's proposed attorney information: Russell C. Pangborn. Other appointed attorneys are E. Russell Tarleton, Kevin S. Costanza, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley J. Zentz, Thomas A. Shewmake, David Chen, and Brigid C. Mahoney. Russell C. Pangborn of Seed IP Law Group LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      701 5th Avenue, Suite 5400
      Seattle, Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.Docketing@SeedIP.com
The docket/reference number is 890105.20028.
Russell C. Pangborn 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:

Russell C. Pangborn

PRIMARY EMAIL FOR CORRESPONDENCE: USTM.Docketing@SeedIP.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Russell C. Pangborn/   Date: 03/11/2020
Signatory's Name: Russell C. Pangborn
Signatory's Position: Attorney for Applicant, Washington state bar member
Payment Sale Number: 88831866
Payment Accounting Date: 03/12/2020

Serial Number: 88831866
Internet Transmission Date: Thu Mar 12 13:16:42 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202003121316429
95705-88831866-710246ed15e598351a8b411e3
5396e445ca4e6046bed1d0b6d36c73aca775bfba
8-CC-16411127-20200311200524155796