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: 90642040

Filing Date: 04/13/2021

To the Commissioner for Trademarks:

MARK: MOD (stylized and/or with design, see mark)
The literal element of the mark consists of MOD. The applicant is not claiming color as a feature of the mark. The mark consists of capital letters M, O, and D, in stylized font.
The applicant, MOD BEVERAGE INC., a corporation of Canada, having an address of
      210-803 East Hastings St.
      Vancouver, BC V6A1R8
      Canada
      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:  Beer, ale, lager; non-alcoholic beverages, namely, non-alcoholic cider, non-alcoholic wine, non-alcoholic beer, fruit beverages and juices, seltzer water, coconut water, soda pop, ginger ale, cream soda, soda water
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.

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 Canada application number 2058039, filed 10/15/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 033:  Wine; cider; distilled spirits in the nature of brandy, gin, rum, tequila, vodka, and whiskey; alcoholic malt-based coolers; hard seltzer; ready-to-drink beverages, namely, alcoholic coolers; coconut-based alcoholic beverages; hard coconut water
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.

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 Canada application number 2058039, filed 10/15/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Lisa M. Melanson. Recognized Canadian attorney(s)/agent(s) is/are Amy Fong and Vincent Kam Sun Yip and Vilayphet S. Gallvitz. Lisa M. Melanson of McCarthy Tétrault 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
      c/o Suite 2400
      745 Thurlow Street
      Vancouver, BC V6E0C5
      Canada
      416-601-7595(phone)
      604-622-5656(fax)
      van-ipdocketing@mccarthy.ca
The docket/reference number is 224318542926.
Lisa M. Melanson 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:

Lisa M. Melanson

PRIMARY EMAIL FOR CORRESPONDENCE: van-ipdocketing@mccarthy.ca       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 $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: /paul mroczek/   Date: 04/13/2021
Signatory's Name: Paul Mroczek
Signatory's Position: President
Signatory's Phone Number: 6043492521
Signature method: Sent to third party for signature
Payment Sale Number: 90642040
Payment Accounting Date: 04/13/2021

Serial Number: 90642040
Internet Transmission Date: Tue Apr 13 14:51:21 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20210413145121066
573-90642040-770f5a494e42721b05e55104943
af13812b12d7d4733117c94c550ddf45d30c8-DA
-51201879-20210409130201046695