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: 90228482

Filing Date: 10/01/2020

To the Commissioner for Trademarks:

MARK: RECOVER AND RISE (Standard Characters, see mark)
The literal element of the mark consists of RECOVER AND RISE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Oxigen Beverages Inc., a corporation of Canada, having an address of
      8th floor
      333 Seymour Street
      Vancouver V6B5A6
      Canada
      +1-6047156398(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:

International Class 032:  Beverages namely bottled oxygenated water and oxygenated shots

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2050063, filed 09/04/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 032:  Beverages namely bottled oxygenated water and oxygenated shots
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: Kathryn Jennison-Shultz. Other appointed attorneys are Kirsten Severson (KLS TRADEMARK SERVICES). Recognized Canadian attorney(s)/agent(s) is/are Recognized Canadian Trademark Agent, Authorized Representative. Kathryn Jennison-Shultz of Jennison & Shultz, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1102
      2001 Richmond Highway
      Arlington, Virginia 22202-3604
      United States
      703-415-1640(phone)
      kjs@jennisonlaw.com
The docket/reference number is KLS-1143.
Kathryn Jennison-Shultz 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:

Kathryn Jennison-Shultz

PRIMARY EMAIL FOR CORRESPONDENCE: kjs@jennisonlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kirsten@klstrademarks.ca 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: /kseverson-7153/   Date: 09/30/2020
Signatory's Name: Kirsten Severson
Signatory's Position: Registered Trademark Agent
Payment Sale Number: 90228482
Payment Accounting Date: 10/01/2020

Serial Number: 90228482
Internet Transmission Date: Thu Oct 01 00:29:18 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXX::XX-20201001
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aee38ebd095c44829e76fd73d3155e3bdc066aad
54577ba13-CC-29172198-202009302356317788
48