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)

---

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: 90025906

Filing Date: 06/29/020

To the Commissioner for Trademarks:

MARK: EMBARK (Standard Characters, see mark)
The literal element of the mark consists of EMBARK. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Bay Valley Foods, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2021 Spring Road
      Oak Brook, Illinois 60523
      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:  Protein supplement shakes; powdered drink mix for protein shakes, namely, powdered nutritional supplement drink mix containing protein; protein supplements in powdered form, namely protein powder for use in smoothies; powdered nutritional supplement drink mix containing collagen; beverages containing collagen for use as a nutritional supplement energy beverage; dietary supplemental drinks in the nature of beverages containing collagen; powdered nutritional supplement drink mix containing electrolytes; beverages containing electrolytes for use as a nutritional supplement energy beverage; dietary supplemental drinks in the nature of beverages containing electrolytes
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 water-based beverages containing collagen; non-alcoholic water-based beverages containing electrolytes
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: Patricia Smart. Patricia Smart of Smart & Bostjancich, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 432
      53 W Jackson Blvd
      Chicago, Illinois 60604
      United States
      312-857-2424(phone)
      pattismart@hotmail.com

Patricia Smart 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:

Patricia Smart

PRIMARY EMAIL FOR CORRESPONDENCE: pattismart@hotmail.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Angela.Simmons@treehousefoods.com; Kermina.Lacy@treehousefoods.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: /Angela J. Simmons/   Date: 06/29/2020
Signatory's Name: Angela J. Simmons
Signatory's Position: Senior Corporate Counsel
Payment Sale Number: 90025906
Payment Accounting Date: 06/29/2020

Serial Number: 90025906
Internet Transmission Date: Mon Jun 29 13:13:39 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200629131339665445-90025906-7
1064c7872fe137f0d93714f10bc9e98a826122f7
3cbee43cf82d9f558a7871d5-CC-13373430-202
00624160957739804