Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90705351

Filing Date: 05/12/2021

To the Commissioner for Trademarks:

MARK: WATERMELON SMASH (stylized and/or with design, see mark)
The literal element of the mark consists of WATERMELON SMASH. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording "WATERMELON" with the stylized wording "SMASH" below.
The applicant, Sazerac Brands, LLC, a corporation of Delaware, having an address of
      10101 Linn Station Rd., Suite 400
      Louisville, Kentucky 40223
      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 033:  alcoholic beverages, except beer

In International Class 033, 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 03/31/2020, and first used in commerce at least as early as 03/31/2020, 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) Photo of the good bearing the mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Cynthia Johnson Walden. Other appointed attorneys are Keith A. Barritt, Vivian Cheng, Jonathan Jekel, Nancy Ly, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr., Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Lisa Greenwald-Swire, Ryan Thomas, Kerrijane John, Sarah Kelleher, Annie Hartnett, Charles Bahlert, Jenifer deWolf Paine, Ryan Steinman, and Keton Hansrajh. Cynthia Johnson Walden of Fish & Richardson, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 1022
      Minneapolis, Minnesota 55402
      United States
      617-542-5070(phone)
      1-877-769-7945(fax)
      tmdoctc@fr.com
The docket/reference number is 466573421001.
Cynthia Johnson Walden 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:

Cynthia Johnson Walden

PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rsmith@fr.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 $350 has been submitted with the application, representing payment for 1 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: /Mary Tortorice/   Date: 05/10/2021
Signatory's Name: Mary Tortorice
Signatory's Position: General Counsel & Chief Compliance Officer
Signatory's Phone Number: 5028152452
Signature method: Sent to third party for signature
Payment Sale Number: 90705351
Payment Accounting Date: 05/12/2021

Serial Number: 90705351
Internet Transmission Date: Wed May 12 09:07:43 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210512090743330644-90705351-7
806151252f90bececf62db644ac631a9288c2ed5
515655d8535b2a5d41d388e6f-DA-07434888-20
210510091205555841