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: 97473494

Filing Date: 06/23/2022

To the Commissioner for Trademarks:

MARK: BOA NUTRITION INC (Standard Characters, see mark)
The literal element of the mark consists of BOA NUTRITION INC. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BOA Nutrition, Inc., a corporation of Delaware, having an address of
      4208 Six Forks Rd., Captrust Tower, 10th
      Raleigh, North Carolina 27609
      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 005:  Apparatus filled with electrolyte formulations for recreational human consumption as a supplement for non-medical purposes, namely, aerosol supplements containing vitamins, minerals and nutrients and bottles filled with liquid vitamins, minerals and nutrients; electrolyte formulations for recreational human consumption as a supplement for non-medical purposes, namely, dietary supplemental drinks containing electrolytes and dietary supplemental drinks in the nature of vitamin and mineral beverages; oxygen, namely, oxygen for recreational human consumption as a supplement, for non-medical purposes

In International Class 005, 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 07/01/2021, and first used in commerce at least as early as 12/04/2021, 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) The specimen consists of a screenshot of a webpage showing the mark, the goods, and a way to purchase the goods..

Original PDF file:
SPE0-1365612392-202206232 02557061555_._Specimen_of _Use.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Webpage URL: http://boablast.com/products/endure-1
Webpage Date of Access: 06/23/2022



The owner's/holder's proposed attorney information: Eva Gullick Frongello. Other appointed attorneys are Phil Cardinale; Sheldon Pontaoe. Eva Gullick Frongello of Smith Anderson, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO Box 2611
      Raleigh, North Carolina 27602
      United States
      919-821-6785(phone)
      efrongello@smithlaw.com
The docket/reference number is 16943.1.
Eva Gullick Frongello 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:

Eva Gullick Frongello

PRIMARY EMAIL FOR CORRESPONDENCE: efrongello@smithlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@smithlaw.com; spontaoe@smithlaw.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: /Eva Gullick Frongello/   Date: 06/23/2022
Signatory's Name: Eva Gullick Frongello
Signatory's Position: Attorney of Record, NC Bar Member
Signatory's Phone Number: 919-821-6785
Signature method: Signed directly within the form
Payment Sale Number: 97473494
Payment Accounting Date: 06/23/2022

Serial Number: 97473494
Internet Transmission Date: Thu Jun 23 20:37:01 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2022062320370113
8083-97473494-820b43a6113efc51c2d4a79b20
72839a9e8c71a523ab9c34ff281330296762172-
DA-37004810-20220623202557061555