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: 97414999

Filing Date: 05/17/2022

To the Commissioner for Trademarks:

MARK: Liquid Candy (Standard Characters, see mark)
The literal element of the mark consists of Liquid Candy. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fall River Brewing Company, Inc., a corporation of California, having an address of
      4001 Eastside Road
      Redding, California 96001
      United States
      530-945-2337(phone)
      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 032:  Beer; Beers; Craft beer; Craft beers

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 03/21/2020, and first used in commerce at least as early as 03/21/2020, 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) Specimen 1 is an image of the Homepage of FallRiverBrewing.com, which was captured on March 9, 2022. This website is operated by Applicant Fall River Brewing Company, Inc., which is shown in the bottom line of the webpage. Specimen 2 is an image of the Craft Beers Page of FallRiverBrewing.com, which was captured on March 9, 2022 (FallRiverBrewing.com/Our-Beers). This website is operated by Applicant Fall River Brewing Company, Inc., which is shown in the bottom line of the webpage. The "Liquid Candy" mark can be seen in the center-right of the webpage upon Applicant's beer products. Specimen 3 is an image of the Liquid Candy Information Page of FallRiverBrewing.com, which was captured on March 9, 2022 (FallRiverBrewing.com/Beers/Liquid-Candy). This website is operated by Applicant Fall River Brewing Company, Inc., which is shown in the bottom line of the webpage. The "Liquid Candy" mark can be seen throughout the webpage upon Applicant's beer products and in close association to those products, as well as in the textual description of such products. Specimen 4 is an image of the Shop Page of FallRiverBrewing.com, which was captured on April 22, 2021 (Shop.FallRiverBrewing.com). This website is operated by Applicant Fall River Brewing Company, Inc., which is shown in the bottom line of the webpage. The "Liquid Candy" mark can be seen at the top of the page upon Applicant's beer products and in close association to those products. The price for the beer products, which is $100.00, can also be seen underneath the image of the product. Specimen 5 is an image of the Liquid Candy Product Page of FallRiverBrewing.com, which was captured on April 22, 2021 (Shop.FallRiverBrewing.com/Product/Liquid-Candy). This website is operated by Applicant Fall River Brewing Company, Inc., which is shown in the bottom line of the webpage. The "Liquid Candy" mark can be seen throughout the webpage upon Applicant's beer products and in close association to those products, as well as in the textual description of such products. The price for the beer products, which is $100.00, can also be seen on the right side of the webpage. Taken together, these Specimens contain images and detailed textual descriptions of Applicant Fall River Brewing Company, Inc.'s beer products, prominently display the "Liquid Candy" mark many times upon the beer products and in close association and proximity to images and descriptions of such products and demonstrate prices and means for ordering the products. Accordingly, these Specimens are sufficient under Section 904.03(i) for the Trademark Manual of Examining Procedure..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

Webpage URL: FallRiverBrewing.com
Webpage Date of Access: 03/09/2022
Webpage URL: FallRiverBrewing.com/Our-Beers
Webpage Date of Access: 03/09/2022
Webpage URL: FallRiverBrewing.com/Beers/Liquid-Candy
Webpage Date of Access: 03/09/2022
Webpage URL: Shop.FallRiverBrewing.com
Webpage Date of Access: 04/22/2021
Webpage URL: Shop.FallRiverBrewing.com/Product/Liquid-Candy
Webpage Date of Access: 04/22/2021


Concurrent use
Concurrent use information. Applicant seeks a concurrent use trademark registration for the following goods: beer, beers, and craft beers, all in International Class 32. Applicant has sold its beer goods with the mark sought herein as a source identifier throughout the United States. Applicant's modes of use of the mark sought herein include: (1) applying the mark to the packaging of the product, namely, by printing the mark to the relevant beer cans; (2) identifying its beer goods with the "Liquid Candy" mark on its website; and (3) additional modes of use. Applicant seeks registration for these modes of use. It is possible that Tarantula Hill Brewing Company, LLC is a concurrent user. Applicant is informed and believes that Tarantula Hill Brewing Company also sells beer goods. Tarantula Hill Brewing Company has a pending Trademark Application for the phrase "Liquid Candy" under the Serial Number 90653344. If that Application matures into a Registration, then Applicant and Tarantula Hill Brewing Company are concurrent users of the "Liquid Candy" trademark as used to identify beer goods. Tarantula Hill Brewing Company's address is 1298 Prospect Street, #2A, La Jolla, California, 92037. Applicant is informed and believes that Tarantula Hill Brewing Company sells "Liquid Candy"-branded beer in Ventura County, California only. Applicant is further informed and believes that Tarantula Hill Brewing Company began such use in or around April of 2020, and that such use continues to the present. Applicant is further informed and believes that Tarantula Hill Brewing Company's sole mode of use of the phrase "Liquid Candy" to identify beer goods is to sell a beer identified as such on menus at its taphouse, which is located in Thousand Oaks, California. To the best of Applicant's knowledge, Tarantula Hill Brewing Company has no other pending trademark application and no trademark registrations or common law trademark rights material to the concurrent use of the "Liquid Candy" mark for beer goods sought herein. Also, to the best of Applicant's knowledge, no other party, with the possible exception of Tarantula Hill Brewing Company, has any trademark rights over the term "Liquid Candy" when used to identify beer goods. No other person or entity except as specified in this Application has the right to use the mark in commerce.

For informational purposes only, applicant's website address is: FallRiverBrewing.com
The owner's/holder's proposed attorney information: Sean M. Stowers. Other appointed attorneys are C. Jason Smith. Sean M. Stowers of SMITH, MCDOWELL & POWELL, A LAW CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      100 Howe Avenue, Suite 208 South
      Sacramento, California 95825
      United States
      916-569-8100(phone)
      sstowers@smplawcorp.com

Sean M. Stowers 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:

Sean M. Stowers

PRIMARY EMAIL FOR CORRESPONDENCE: sstowers@smplawcorp.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cjsmith@smplawcorp.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: /Sean M. Stowers/   Date: 05/17/2022
Signatory's Name: Sean M. Stowers
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 916-569-8100
Signature method: Signed directly within the form
Payment Sale Number: 97414999
Payment Accounting Date: 05/17/2022

Serial Number: 97414999
Internet Transmission Date: Tue May 17 17:35:14 ET 2022
TEAS Stamp: USPTO/FTK-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20220517173514176949-97414999-8
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