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

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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

Serial Number: 90556614

Filing Date: 03/02/2021

To the Commissioner for Trademarks:

MARK: IMMUNITY BOOST (Standard Characters, see mark)
The literal element of the mark consists of IMMUNITY BOOST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Vive Organic, Inc., a corporation of Delaware, having an address of
      2554 Lincoln Blvd #772
      Venice, California 90291
      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 030:  Gummy candies; sparkling tea; tea; non-medicated lozenges; candy.
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 containing fruit juices; vegetable juices; fruit-based beverages.

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 04/30/2016, and first used in commerce at least as early as 04/30/2016, 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) electronic point of sale display and photograph of product.
Specimen File1
Webpage URL: http://viveorganic.com/products/immunity-boost?variant=17437248913459
Webpage Date of Access: 02/26/2021

International Class 032:  Non-alcoholic sparkling fruit juice beverages; sparkling water; non-alcoholic beverages flavored with tea; still water; tonic water; drinking waters; drinking water with vitamins.
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: Katherine P. Califa. Other appointed attorneys are all other attorneys of Foley & Lardner LLP. Katherine P. Califa of Foley & Lardner 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
      3000 K Street, N.W. Suite 600
      Washington, District of Columbia 20007-5109
      United States
      202-672-5300(phone)
      202-672-5399(fax)
      ipdocketing@foley.com
The docket/reference number is 111681-0148.
Katherine P. Califa 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:

Katherine P. Califa

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcalifa@foley.com; aschumacher@foley.com; nquintero@foley.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 $700 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: /Kyle Withycombe/   Date: 03/02/2021
Signatory's Name: Kyle Withycombe
Signatory's Position: Chief Operating Officer
Signatory's Phone Number: 2096135794
Signature method: Sent to third party for signature
Payment Sale Number: 90556614
Payment Accounting Date: 03/02/2021

Serial Number: 90556614
Internet Transmission Date: Tue Mar 02 23:33:22 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021030223332262
9485-90556614-77090f11339da59dfa1bf6663c
3ca6def8c1c85677ea7e7c6cea886ed67c7f4dab
-CC-33211773-20210226173941731692