TEAS Plus New Application

PTO- 1478

Approved for use through 05/31/2021. 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 05/31/2021. 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: 90733872

Filing Date: 05/25/2021

To the Commissioner for Trademarks:

MARK: MONTAUK (Standard Characters, see mark)
The literal element of the mark consists of MONTAUK. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hampton Beverage Worx Corp., DBA Montauk Beverageworks, a corporation of New York, having an address of
      P.O. Box 1425
      Southampton, New York 11969
      United States
      XXXX
Domiciled at: 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 030:  Tea; Iced tea; Beverages made of tea

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/16/2009, and first used in commerce at least as early as 02/16/2009, 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) The specimens demonstrate use of the mark in commerce for the goods identified in the application. Both specimens can support both classes of goods. Both specimens are from the same URL..

Original PDF file:
SPE0-72805251-20210525160 232783111_._SPECIMEN-Scre en_Shot_2021-05-25_at_3.4 4.06_PM.png.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-72805251-20210525160 232783111_._SPECIMEN_Scre en_Shot_2021-05-25_at_3.3 5.12_PM.png.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.montaukbev.com/our-beverages
Webpage Date of Access: 05/25/2021

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Lemonades

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 032, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/22/2016, and first used in commerce at least as early as 03/22/2016, 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) The Specimens demonstrate use of the mark in commerce for the goods identified in the application. Both specimens support both classes 030 and 032. Both specimens are from the same URL..

Original PDF file:
SPE0-1-72805251-202105251 60232783111_._SPECIMEN-Sc reen_Shot_2021-05-25_at_3 .44.06_PM.png.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-72805251-202105251 60232783111_._SPECIMEN_Sc reen_Shot_2021-05-25_at_3 .35.12_PM.png.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.montaukbev.com/our-beverages
Webpage Date of Access: 05/25/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3958341.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3958341.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Nikki Siesel. Nikki Siesel of Law Offices of Nikki Siesel PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 101
      777 Westchester Avenue
      White Plains, New York 10604
      United States
      914-949-9550(phone)
      nsiesel@trademarklawesq.com
The docket/reference number is 00256.
Nikki Siesel 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:

Nikki Siesel

PRIMARY EMAIL FOR CORRESPONDENCE: nsiesel@trademarklawesq.com        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 $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: /Nikki Siesel/   Date: 05/25/2021
Signatory's Name: Nikki Siesel
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 914-949-9550
Signature method: Signed directly within the form
Payment Sale Number: 90733872
Payment Accounting Date: 05/25/2021

Serial Number: 90733872
Internet Transmission Date: Tue May 25 16:39:51 ET 2021
TEAS Stamp: USPTO/FTK-XX.XX.X.XXX-202105251639513292
01-90733872-7802c2afcf58a81f11f1346de6a9
423f648252e79ef7eed9c94614c25829a683ef-C
C-39491772-20210525160232783111