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

Serial Number: 97189685

Filing Date: 12/24/2021

To the Commissioner for Trademarks:

MARK: CATALYST (Standard Characters, see mark)
The literal element of the mark consists of CATALYST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, O'Neill Beverages Co. LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      8418 South Lac Jac Avenue
      Parlier, California 93648
      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 032:  energy drinks; seltzer water; non-alcoholic malt beverages
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 033:  hard seltzer; alcoholic malt beverages, except beers; alcoholic energy drinks
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2750056, 3295349, and 5586427.


The owner's/holder's proposed attorney information: J. Michael Hurst. Other appointed attorneys are J. Michael Hurst, Megan C. Hymore, Mark E. Musekamp, Nicole E. Cloyd, and Keating Muething & Klekamp PLL. J. Michael Hurst of Keating Muething & Klekamp PLL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One East Fourth Street, Suite 1400
      Cincinnati, Ohio 45202
      United States
      513-562-1401(phone)
      5135796457(fax)
      mhurst@kmklaw.com
The docket/reference number is ON2930IP0001.
J. Michael Hurst 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:

J. Michael Hurst

PRIMARY EMAIL FOR CORRESPONDENCE: mhurst@kmklaw.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 $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: /tom rector/   Date: 12/24/2021
Signatory's Name: Tom Rector
Signatory's Position: General Counsel
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 97189685
Payment Accounting Date: 12/27/2021

Serial Number: 97189685
Internet Transmission Date: Fri Dec 24 22:03:35 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20211224220335
327435-97189685-8007e9717a2daaa14835957c
b75b5631527b385bd6c435174997fe03a5e92284
-CC-03344959-20211224215434550022