TEAS Plus New Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 90471080

Filing Date: 01/17/2021

To the Commissioner for Trademarks:

MARK: UPDATE (stylized and/or with design, see mark)
The literal element of the mark consists of UPDATE. The applicant is not claiming color as a feature of the mark. The mark consists of the profile silhouette of a bald, smiling human head, with various symbols floating above and around the head, including: a lightning bolt to the right/in front of the face, a sun with rays at the top right, and a lightbulb with rays at the top left. There are also two small dashes and a circle below the lightbulb, and a circle and two dots between the lightbulb and the sun.
The applicant, Update Beverages Inc., a corporation of Delaware, having an address of
      1185 Avenue of the Americas
      New York, New York 10036
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Dietary supplement beverage for focus, clarity, energy, and mental performance; Liquid nutritional supplement
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Carbonated water; Energy drinks; Non-alcoholic water-based beverages also containing nootropics, adaptogens, and vitamins; Seltzer water; Sparkling water; Water 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. (15 U.S.C. Section 1051(b)).




The owner's/holder's proposed attorney information: Heather A. Antoine. Heather A. Antoine of Stubbs Alderton & Markiles, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      15260 Ventura Blvd., 20th Floor
      Sherman Oaks, California 91403
      United States
      818-444-6353(phone)
      8184446353(fax)
      hantoine@stubbsalderton.com

Heather A. Antoine 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:

Heather A. Antoine

PRIMARY EMAIL FOR CORRESPONDENCE: hantoine@stubbsalderton.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): uspto@stubbsalderton.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 $500 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: /Heather Antoine/   Date: 01/17/2021
Signatory's Name: Heather A. Antoine
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 818-444-6353
Signature method: Signed directly within the form
Payment Sale Number: 90471080
Payment Accounting Date: 01/19/2021

Serial Number: 90471080
Internet Transmission Date: Sun Jan 17 19:59:00 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XXX.XX.XX-2021011719590025
0938-90471080-760ff6bd92d931892a266197f8
c1fa346d10cf99dc3cd4f8bbd3637a8a1e8d237a
-DA-58591967-20210117194514285011