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: 90079307

Filing Date: 07/28/2020

To the Commissioner for Trademarks:

MARK: Drink Drake's (Standard Characters, see mark)
The literal element of the mark consists of Drink Drake's. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Drake's Organic Spirits, LLC, a limited liability company legally organized under the laws of Minnesota, having an address of
      601 Carlson Parkway, Suite
      Minnetonka, Minnesota 55305
      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 033:  Spirits; alcoholic beverages, except beer; all of the foregoing consisting of non-genetically modified ingredients within definitions acceptable for USDA Organic certification and/or applicable local jurisdiction organic standards certification.

In International Class 033, 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 06/13/2016, and first used in commerce at least as early as 01/22/2018, and is now in use in such commerce. The applicant will submit 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) Recording of radio advertisement using mark appurtenant to goods as advertised in commerce.

Original File:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5397017, 6037504, and 6037505.


The owner's/holder's proposed attorney information: Carl E. Christensen. Other appointed attorneys are Aaron D. Sampsel. Carl E. Christensen of Christensen Law Office 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
      800 Washington Ave. N., Ste. 704
      Minneapolis, Minnesota 55401
      United States
      612-823-4016(phone)
      carl@clawoffice.com
The docket/reference number is 219-18.
Carl E. Christensen 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:

Carl E. Christensen

PRIMARY EMAIL FOR CORRESPONDENCE: carl@clawoffice.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@clawoffice.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 $275 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: /Mark Anderson/   Date: 07/28/2020
Signatory's Name: Mark Anderson
Signatory's Position: CEO
Payment Sale Number: 90079307
Payment Accounting Date: 07/28/2020

Serial Number: 90079307
Internet Transmission Date: Tue Jul 28 22:38:03 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200728223803822
226-90079307-74084addc518dca3017d9885b47
8a3be61eefb587e8e27751177d2111174e9d50-C
C-38025739-20200728213519525964