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: 88923310

Filing Date: 05/19/020

To the Commissioner for Trademarks:

MARK: POWER UP (Standard Characters, see mark)
The literal element of the mark consists of POWER UP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Scott P. Strader, a citizen of United States, having an address of
      75950 Alta Mira Dr.
      Indian Wells, California 92210
      United States
      XXXX

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 005:  Liquid beverage additives and concentrates with energizing botanicals

In International Class 005, 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 09/01/2014, and first used in commerce at least as early as 09/01/2014, 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) Screen shot of Applicant's website featuring a photograph of the mark appearing on the product and in close proximity to the product available for online purchase.
Specimen File1

International Class 032:  Sparkling flavored enhanced water with adaptogenic botanicals

In International Class 032, 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 09/01/2014, and first used in commerce at least as early as 09/01/2014, 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) Screen shot of Applicant's website featuring the applied-for goods bearing the mark and on the website in close proximity to the product available for online purchase; photograph of the goods bearing the mark.
Specimen File1
Specimen File2



The owner's/holder's proposed attorney information: Adam E. Schwartz. Other appointed attorneys are Matthew S. Crosby, Jennifer R. Ashton. Adam E. Schwartz of Schwartz Intellectual Property Law, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      #2157
      244 5th Avenue
      New York, New York 10001
      United States
      aschwartz@schwartzip.com

Adam E. Schwartz 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:

Adam E. Schwartz

PRIMARY EMAIL FOR CORRESPONDENCE: aschwartz@schwartzip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mcrosby@schwartzip.com; jashton@schwartzip.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: /Jennifer R. Ashton/   Date: 05/19/2020
Signatory's Name: Jennifer R. Ashton
Signatory's Position: Attorney of Record, WA state bar member
Payment Sale Number: 88923310
Payment Accounting Date: 05/19/2020

Serial Number: 88923310
Internet Transmission Date: Tue May 19 15:22:06 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200519152206088503-88923310-7
103c2fddcc197959ede174ee6cae438fe6392a21
887eb33a1c67f8ee153b86-CC-22048034-20200
519134109673967