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: 97777097

Filing Date: 02/01/2023

To the Commissioner for Trademarks:

MARK: AUTOMIX (Standard Characters, see mark)
The literal element of the mark consists of AUTOMIX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Cleland Sales Corporation, a corporation of California, having an address of
      11051 Via El Mercado
      Los Alamitos, California 90720
      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 009:  beverage mixing device, namely a water and liquid beverage concentrate metering and mixing machine

In International Class 009, 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 08/09/1978, and first used in commerce at least as early as 08/09/1978, 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) photographs of product showing the mark as used in commerce.
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided


Miscellaneous Statement
Applicant is the owner of US Registration No. 5000324, which was inadvertently allowed to lapse due to a misunderstanding of the deadline to file a Section 8 Declaration

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: Robert D. Fish. Other appointed attorneys are All attorneys at Fish IP Law, LLP. Robert D. Fish of Fish IP Law, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      19900 MacArthur Blvd., Suite 810
      Irvine, California 92612
      United States
      949-943-8300(phone)
      949-943-8358(fax)
      trademarks@fishiplaw.com
The docket/reference number is 102469.13US2.
Robert D. Fish 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:

Robert D. Fish

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fishiplaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tlightman@fishiplaw.com; rfish@fishiplaw.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: /James M Cleland/   Date: 02/01/2023
Signatory's Name: Jimmy Cleland
Signatory's Position: President
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97777097
Payment Accounting Date: 02/01/2023

Serial Number: 97777097
Internet Transmission Date: Wed Feb 01 18:46:07 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20230201184607916
045-97777097-8601ada60c328ebd5b8da6b8e3e
36c25684ad83a946f49aa6769a7adb389a8bee6-
DA-46070366-20230117181743329713