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: 90103235

Filing Date: 08/10/2020

To the Commissioner for Trademarks:

MARK: OATLOVE (Standard Characters, see mark)
The literal element of the mark consists of OATLOVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BETTERBODY FOODS & NUTRITION LLC, a limited liability company legally organized under the laws of Utah, having an address of
      1762 West 20 South
      Lindon, Utah 84042
      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 029:  Food; Food products; Beverages; Food substitutes; Oat milk; Oat-based milk substitutes; Oat-based yogurts; Oat-based creamers
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 030:  Food preparations; Oat-based ice cream; Oat-based frozen yogurt; Breakfast cereals containing oats; Food mixes; Baking mixes; Baking Mixes for making baking batters; Mixes for baked goods; Bread mixes; Cake mixes; Mixes for food preparations; Processed food mixes; organic, whole grain, gluten-free powder baking mixes; Baking mixes for cakes, muffins, pancakes, waffles and brownies
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: David B. Dellenbach. Other appointed attorneys are Adrian Lee, Angela Silvers, Brad Barger, Brent Lorimer, Brian Platt, Brittany Frandsen, Callie Rogers, Carl Reed, Chad Nydegger, Charles Meeker, Dana Tangren, David Dellenbach, David Johnson, David Todd, Dustin Howell, Fraser Roy, Gerrit Winkel, Hannah Follender, LaVar Oldham, Paul Norton, James McConkie, Jens Jenkins, John Stringham, John Guynn, Jonathan Richards, Justin Cassell, Kirk Coombs, Levi Brown, Logan Christenson, Lynne Wang, Matthew Todd, Matthew Barlow, Matthew Healey, Michael Frodsham, Peter Malen, Peter Shiozawa, Rachel Perry, Robyn Phillips, Roger McConkie, Shane Jensen, Shelise Rupp, Sterling Fillmore, Thomas Vuksinick, Timothy Nichols, Tom Bonacci. David B. Dellenbach of Workman Nydegger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      60 East South Temple, Suite 1000
      Salt Lake City, Utah 84111
      United States
      801-533-9800(phone)
      801-328-1707(fax)
      docketing@wnlaw.com
The docket/reference number is 22260.50.1.
David B. Dellenbach 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:

David B. Dellenbach

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@wnlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ddellenbach@wnlaw.com; dwilson@wnlaw.com; lbateman@wnlaw.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: /Stephen Richards/   Date: 08/09/2020
Signatory's Name: Stephen Richards
Signatory's Position: Manager
Payment Sale Number: 90103235
Payment Accounting Date: 08/10/2020

Serial Number: 90103235
Internet Transmission Date: Mon Aug 10 10:21:36 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202008101021366
28259-90103235-740a93a335d40cd8b9b7cc035
9a5920d1e46f9c7fec3b39f4a1bb82344c977085
bb-CC-21356079-20200807124859016340