TEAS Plus New Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97098061

Filing Date: 10/28/2021

To the Commissioner for Trademarks:

MARK: Be (stylized and/or with design, see mark)
The literal element of the mark consists of Be. The color(s) green, yellow and orange is/are claimed as a feature of the mark. The mark consists of a stylized version of the lettering "Be" in green with a capital block letter 'B' and a lowercase block letter 'e' with the cross-member of the letter 'e' angled upwards. A yellow bar is positioned over the lettering "Be" and an orange bar is positioned below the lettering "Be". The color white represents background, outlining, shading, and/or transparent area and is not part of the mark.
The applicant, Benchmark Nutriceuticals LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      1038 Culp Road, Suite 600
      Pineville, North Carolina 28134
      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 001:  Chemicals, namely, Cannabidiol (CBD) solely derived from hemp containing not more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis, used in the manufacture of non-medicated cosmetics and skin care preparations; Plant extracts, namely Cannabidiol (CBD) solely derived from hemp containing not more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis, used in the manufacture of non-medicated creams, lotions, cosmetic oils, and cosmetic products

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 001, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/01/2021, and first used in commerce at least as early as 10/01/2021, 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 applied for goods bearing applied for mark.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Jeffrey C. Watson. Jeffrey C. Watson of Grell & Watson Patent Attorneys LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      3911 Carmel Acres Drive
      Charlotte, North Carolina 28226
      United States
      704-625-7747(phone)
      678-373-4746(fax)
      angela@gwpatent.com
The docket/reference number is 44232-TA5.
Jeffrey C. Watson 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:

Jeffrey C. Watson

PRIMARY EMAIL FOR CORRESPONDENCE: angela@gwpatent.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jwatson@gwpatent.com; USadmin@gwpatent.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 $250 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: /Isaac Montanya/   Date: 10/28/2021
Signatory's Name: Isaac Montanya
Signatory's Position: CEO
Signatory's Phone Number: 877-442-5296 x701
Signature method: Sent to third party for signature
Payment Sale Number: 97098061
Payment Accounting Date: 10/28/2021

Serial Number: 97098061
Internet Transmission Date: Thu Oct 28 18:26:34 ET 2021
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202110281826344
09925-97098061-781295032dbc0ec23e6cbc13d
f843b76b12756b6bdcd298fa68aa4d32d97f6ba6
2-CC-26331174-20211028125132229047