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: 90286758

Filing Date: 10/29/2020

To the Commissioner for Trademarks:

MARK: CHURCHILL (Standard Characters, see mark)
The literal element of the mark consists of CHURCHILL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, 33 Beverage Innovations GmbH, a limited liability company legally organized under the laws of Germany, having an address of
      Ostenmeer 45
      Wunstorf 31515
      Germany
      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 mineral water, Lemonades, Energy drinks, whey beverages; Flavored waters, isotonic beverages, beer and brewery products, Juices, sports drinks, non-alcoholic beverages, fruit juice beverages, soft drinks, powders for the preparation of beverages, nonalcoholic flavored carbonated beverages, Syrups for making beverages, cola drinks, functional water-based beverages, flavored mineral water, tonic water (non-medicated beverages)

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 European Union Trademark - EUTM application number 018313124, filed 09/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 033:  Alcoholic energy drinks, spirits (beverages), alcoholic beverages (except beer), premixed alcoholic beverages

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 European Union Trademark - EUTM application number 018313124, filed 09/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 035:  Business management; Advertising; Wholesale services in relation to foodstuffs; Data processing

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 European Union Trademark - EUTM application number 018313124, filed 09/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Cassidy Merriam. Other appointed attorneys are Steven Weigler. Cassidy Merriam, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1129 E. 17th Avenue
      Denver, Colorado 80218
      United States
      888-363-7430 x105(phone)
      cmerriam@emergecounsel.com

Cassidy Merriam 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:

Cassidy Merriam

PRIMARY EMAIL FOR CORRESPONDENCE: cmerriam@emergecounsel.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sweigler@emergecounsel.com; tmdocket@emergecounsel.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 $825 has been submitted with the application, representing payment for 3 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: /CassidyMerriam/   Date: 10/29/2020
Signatory's Name: Cassidy Merriam
Signatory's Position: Attorney of record, Colorado Bar member
Payment Sale Number: 90286758
Payment Accounting Date: 10/29/2020

Serial Number: 90286758
Internet Transmission Date: Thu Oct 29 11:50:47 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020102911504763
0765-90286758-750d544a4b6c11cec6d2afbd6d
e8253f810e425af20601b8b8f9e8b94e5a113e36
0-CC-50461496-20201029105855162625