TEAS Plus New 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

TEAS Plus Application

Serial Number: 90039645

Filing Date: 07/07/020

To the Commissioner for Trademarks:

MARK: MTN DEW VIBE (Standard Characters, see mark)
The literal element of the mark consists of MTN DEW VIBE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, PEPSICO, INC., a corporation of North Carolina, having an address of
      700 Anderson Hill Road
      Purchase, New York 10577
      United States
      914-253-3443(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Concentrates used in the preparation of soft drinks; Soft drinks
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. (15 U.S.C. Section 1051(b)).


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0820362, 1200615, 3674349, and others.


The owner's/holder's proposed attorney information: PAUL A. LEE. Other appointed attorneys are JANET SILVERBERG, JEANETTE S. ZIMMER. PAUL A. LEE of PEPSICO, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      3A-110H
      7701 LEGACY DRIVE
      PLANO, Texas 75024
      United States
      914-253-3443(phone)
      trademarks@pepsico.com

PAUL A. LEE 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:

PAUL A. LEE

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@pepsico.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kelly.lasaponara@pepsico.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 $225 has been submitted with the application, representing payment for 1 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: /Paul A. Lee/   Date: 07/07/2020
Signatory's Name: LEE, PAUL A.
Signatory's Position: ATTORNEY OF RECORD, NY BAR MEMBER
Signatory's Phone Number: 914-253-3443
Payment Sale Number: 90039645
Payment Accounting Date: 07/07/2020

Serial Number: 90039645
Internet Transmission Date: Tue Jul 07 15:42:25 ET 2020
TEAS Stamp: USPTO/FTK-XX.XX.XXX.X-202007071542255511
70-90039645-7104165b67e1e2e72bcd4e31d321
ed2399fe2ea5355ffdd9edee2f49b6167152-DA-
42258145-20200707144246176411