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: 88871798

Filing Date: 04/14/020

To the Commissioner for Trademarks:

MARK: CHEAT ON SODA (Standard Characters, see mark)
The literal element of the mark consists of CHEAT ON SODA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, New Age Beverages Corporation, a corporation of Washington, having an address of
      Legal Department
      2420 17th Street, Suite 220
      Denver, Colorado 80202
      United States
      303-289-8655(phone)
      8012341040(fax)
      miked@newage.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 030:  Komboucha tea
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 032:  Non-alcoholic beverages with tea flavor
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.



For informational purposes only, applicant's website address is: www.newage.com

The owner's/holder's proposed attorney information: H Michael Drake. Other appointed attorneys are H Michael Drake. H Michael Drake, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2420 17th Street, Suite 220
      Denver, Colorado 80202
      United States
      801-234-3407(phone)
      8012341040(fax)
      miked@morinda.com

H Michael Drake 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:

H Michael Drake

PRIMARY EMAIL FOR CORRESPONDENCE: miked@morinda.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): greg_gould@newage.com; jay_barrow@newage.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 $550 has been submitted with the application, representing payment for 2 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /h michael drake/   Date: 04/14/2020
Signatory's Name: H. Michael Drake
Signatory's Position: General Counsel
Payment Sale Number: 88871798
Payment Accounting Date: 04/14/2020

Serial Number: 88871798
Internet Transmission Date: Tue Apr 14 18:06:14 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202004141806140
94336-88871798-710ae82f52744ff6452eea250
539a2285e598d4bad745c7ddd9ebaa451482b86f
b-CC-06125067-20200414174841058217