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: 90237418

Filing Date: 10/06/2020

To the Commissioner for Trademarks:

MARK: TALKING RAIN (stylized and/or with design, see mark)
The literal element of the mark consists of TALKING RAIN. The mark consists of the stylized words "Talking Rain" with a stylized umbrella design appearing above the letters "ing".
The applicant, Talking Rain Beverage Company, Inc., a corporation of Washington, having an address of
      30520 SE 84th Street
      Preston, Washington 98050
      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 032:  Carbonated and non-carbonated flavored and unflavored water; water beverages; non-alcoholic water-based beverages; mineral water; aerated water; soft drinks; fruit flavored soft drinks; fruit flavored carbonated drinks; non-alcoholic beverages, namely, carbonated beverages; flavored water; non-alcoholic fruit juice beverages; non-alcoholic fruit flavored beverages; flavored enhanced water; drinking water enhanced with vitamins; drinking water enhanced with electrolytes; energy drinks; sports drinks

In International Class 032, 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 03/00/2019, and first used in commerce at least as early as 03/00/2019, and is now in use in such commerce. The applicant is submitting 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) images of various goods bearing the mark.

Original PDF file:
SPE0-2422128107-202010051 94659740116_._TALKING_RAI N_product_specimens.pdf
Converted PDF file(s) (1 page)
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1606622, 1877869, 3490434, and others.


The owner's/holder's proposed attorney information: Russell C. Pangborn. Other appointed attorneys are E. Russell Tarleton, Kevin S. Costanza, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley J. Zentz, Thomas A. Shewmake, and Brigid C. Mahoney. Russell C. Pangborn of Seed IP Law Group LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      701 5th Avenue, Suite 5400
      Seattle, Washington 98109
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.Docketing@SeedIP.com
The docket/reference number is 890105.20035.
Russell C. Pangborn 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:

Russell C. Pangborn

PRIMARY EMAIL FOR CORRESPONDENCE: USTM.Docketing@SeedIP.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Russell C. Pangborn/   Date: 10/05/2020
Signatory's Name: Russell C. Pangborn
Signatory's Position: Attorney for Applicant, Washington state bar member
Payment Sale Number: 90237418
Payment Accounting Date: 10/06/2020

Serial Number: 90237418
Internet Transmission Date: Tue Oct 06 11:55:19 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020100611551908
3065-90237418-75016ee1672983f6a99e68f742
9b6667f9b206b41a1c92357b51da2abd13178b80
-CC-55172847-20201005194659740116