Statement of 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 Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: RAE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88357683/large)
SERIAL NUMBER: 88357683


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: RAE WELLNESS PBC, having an address of
      17864 62ND AVE N.
      MAPLE GROVE, Minnesota 55311
      United States
Proposed: RAE WELLNESS PBC, having an address of
      16312 Beverly Drive
      Eden Prairie, Minnesota 55347
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: Dietary and nutritional supplements in the form of liquids, capsules, tablets, caplets, powder, syrups, gummies, gels; Dietary and nutritional supplements; Vitamins; Vitamin supplements; Vitamin supplement in tablet form for use in making an effervescent beverage when added to water

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 09/00/2019, and first used in commerce at least as early as 09/00/2019, 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) Screenshot from applicant's e-commerce site showing mark used in connection with the sale of its Class 5 goods;.

Original PDF file:
SPN0-6323611269-202007061 50512331445_._RAE_specime n_Class_5.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 030:
Current identification: Coffee, tea, cocoa and artificial coffee; Chocolate; Chocolate-based beverages; Chocolate-based spreads; Coffee-based beverages; Confectionery, namely, confectionary made of sugar, sugar-substitutes, or chocolate; Chocolate-based snack foods

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 005
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 30
MISCELLANEOUS STATEMENTS
Persuant to TMEP Section 1110, Applicant hereby requests that Application No. 88357683 be divided into two applications, as follows: Parent Application (Application No. 88357683) Class 5 in its entirety Child Application (Application No. To Be Assigned) Class 30 in its entirety. Submitted with this Allegation of Use and Request to Divide application is the required $100 fee for dividing the application.

Correspondence Information (current):
      Scott S. Havlick
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): SHavlick@hollandhart.com; LARidgley@hollandhart.com
Correspondence Information (proposed):
      Scott S. Havlick
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jdlarson@hollandhart.com; atticus.trademark.nobill@hollandhart.com

The docket/reference number is 108666.0004.

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: /Jeffrey D. Larson/      Date Signed: 07/06/2020
Signatory's Name: Jeffrey D. Larson
Signatory's Position: Other Appointed Attorney (Colorado Bar Member, Associate Holland & Hart)
Signatory's Phone: 3032452094

Request to Divide Signature


Signature: /Jeffrey D. Larson/    Date: 07/06/2020
Signatory's Name: Jeffrey D. Larson
Signatory's Position: Other Appointed Attorney of Record (CO Bar Member, Holland & Hart)

Signatory's Phone: 3032452094

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


RAM Sale Number: 88357683
RAM Accounting Date: 07/06/2020

Serial Number: 88357683
Internet Transmission Date: Mon Jul 06 15:32:09 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2020070615320929
0813-88357683-710cd5cad99030a61787eb3528
5b194713293ae4fc734f203f5db6aff637997723
-DA-32083096-20200706150512331445