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: 90304133

Filing Date: 11/06/2020

To the Commissioner for Trademarks:

MARK: SPINDRIFT (stylized and/or with design, see mark)
The literal element of the mark consists of SPINDRIFT. The applicant is not claiming color as a feature of the mark. The mark consists of the word "SPINDRIFT" in a stylized font.
The applicant, Spindrift Beverage Co., Inc., a corporation of Delaware, having an address of
      55 Chapel St, Ste 401
      Newton, Massachusetts 02458
      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:  Dairy based beverages; nut based beverages used as milk substitutes, namely, almond milk based beverages, peanut milk based beverages, walnut milk based beverages, macadamia milk based beverages, hazelnut milk based beverages, cashew milk based beverages, and coconut milk based beverages
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:  Coffee; iced coffee; coffee based beverages; coffee substitutes; grain based beverages
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 031:  Non-alcoholic beverages, namely, beverages for animals
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 032:  Non-alcoholic beverages, namely, non-alcoholic fruit juice beverages; preparations for making beverages, namely, fruit drinks; beverage waters, namely, drinking waters, mineral water; flavored non-carbonated water; ginger ale; bottled, non carbonated water; beverages, namely, vegetable juices and vegetable-fruit juices; syrups for making beverages; Energy drinks; Sports drinks, Recovery drinks being sports drinks; smoothies; non-alcoholic beverage mixes, namely, powders and crystallized preparations in the nature of crystallized powders and concentrates for making vitamin enriched sports beverages excluding mixes for teas and not for medicinal purposes
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5086296, 5345815, and 5651707.


The owner's/holder's proposed attorney information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of McCarter & English, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Worldwide Plaza
      825 Eighth Avenue, 31st Floor
      New York, New York 10019
      United States
      212-609-6800 x6819(phone)
      2126096921(fax)
      mwallach@mccarter.com
The docket/reference number is 126803.
Margarita Wallach, Esq. 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:

Margarita Wallach, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: mwallach@mccarter.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apang@mccarter.com; ihurtado@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.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 $1100 has been submitted with the application, representing payment for 4 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: /Scott Chandler/   Date: 11/06/2020
Signatory's Name: Scott Chandler
Signatory's Position: SVP Finance
Payment Sale Number: 90304133
Payment Accounting Date: 11/06/2020

Serial Number: 90304133
Internet Transmission Date: Fri Nov 06 16:56:23 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202011061656230128
14-90304133-750ec2bec9cffa49c2bb175ffeba
bca10ff81ef97d8e7226c8fda65d7fb4327ca-DA
-56229934-20201106120616786450