Amendment to Allege Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: NUUN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88455350/large)
SERIAL NUMBER: 88455350


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: nuun & company, Inc., having an address of
      800 Maynard Ave S, #102
      Seattle, Washington 98134
      United States
Proposed: nuun & company, Inc., having an address of
      800 Maynard Ave S, #102
      Seattle, Washington 98134
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: Dissolving or effervescent tablets used to make electrolyte replacement drinks; mineral supplements; powdered electrolyte replacement drink mix; vitamin supplements; probiotic supplements; vitamin supplement in tablet form for use in making effervescent and non-effervescent beverages when added to water; dissolving or effervescent tablets and powders for making beverages to support digestive health, cognitive functionality, joints and overall health and well being

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 021:
Current identification: Reusable plastic water bottles sold empty; glass jars; drinking glasses

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 025:
Current identification: Hats; caps being headwear; caps with visors; swim caps; socks; wristbands as clothing; neck gaiters

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/00/2015, and first used in commerce at least as early as 12/00/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photographs of the mark used on some of the goods.
Specimen File1
Specimen File2


For International Class 032:
Current identification: Dissolving or effervescent tablets used to make sports drinks; dissolving or effervescent tablets used to make energy drinks; dissolving or effervescent tablets used to make protein drinks; powdered mixes for making sports drinks; powered mixes for making energy drinks; powdered mixes for making protein drinks

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 035:
Current identification: Online retail store services featuring: apparel, headgear, accessories, neck gaiters, swim and athletic gear, wristbands, towels, decals, stickers, temporary tattoos; glassware, drinkware, jars; dissolving or effervescent tablets and powders used to make electrolyte replacement, protein, sports, energy drinks; dissolving or effervescent tablets and powders used to make beverages to support digestive health, cognitive functionality, joints and overall health and well being; and vitamin, mineral and probiotic supplements

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 041:
Current identification: Providing a website featuring blogs and non-downloadable publications in the nature of articles and brochures in the field of health and wellness, outdoor recreation, environmentalism, and exercise, fitness, and diet

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 25
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 5, Class 21, Class 32, Class 35, Class 41
Correspondence Information (current):
      Grace Han Stanton
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 72613-4000.
Correspondence Information (proposed):
      Grace Han Stanton
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 72613-4000.

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 $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Winfield B. Martin/      Date Signed: 05/20/2020
Signatory's Name: Winfield B. Martin
Signatory's Position: Attorney of Record, Member Washington State Bar
Signatory's Phone: (206) 359-8000

Request to Divide Signature


Signature: /Winfield B. Martin/    Date: 05/20/2020
Signatory's Name: Winfield B. Martin
Signatory's Position: Attorney of Record, Washington state Bar member

Signatory's Phone: 2063598000


RAM Sale Number: 88455350
RAM Accounting Date: 05/20/2020

Serial Number: 88455350
Internet Transmission Date: Wed May 20 14:31:01 ET 2020
TEAS Stamp: USPTO/AAU-XXX.XX.XXX.XXX-202005201431014
98730-88455350-710dd912cec2115b1d378f69d
235fcb3d6442e0c9f3b7d2b7bcde71dc735fa3f-
CC-30592705-20200520134405037599