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: 97805039

Filing Date: 02/21/2023

To the Commissioner for Trademarks:

MARK: BOA BOA ENDURE BLAST (stylized and/or with design, see mark)
The literal element of the mark consists of BOA BOA ENDURE BLAST. The mark consists of the word "BOA" over the words "ENDURE BLAST" consisting of stylized "E"s in the word ENDURE, to the right of the word "BOA", stylized and forming a triangle.
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 dispensers containing vitamins, minerals and nutrients and bottles filled with liquid vitamins, minerals and nutrients

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 11/15/2022, and first used in commerce at least as early as 11/15/2022, 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) image of mark being used in connection with Class 5 goods.

Original PDF file:
SPE0-12410610-20230221164 634760192_._BOA_ENDURE_Sp ecimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: http://www.amazon.com/BOA-Endure-Rehydration-Lightspeed-Replacement/dp/B0BRT3WKWT/ref=sr_1_2?crid=X3R42AZMYNG9&keywords=ignite+blast&qid=1677005188&sprefix=i,aps,681&sr=8-2&th=1
Webpage Date of Access: 02/21/2023




The owner's/holder's proposed attorney information: Eva Gullick Frongello. Other appointed attorneys are Philip J. Cardinale, Sheldon R. Pontaoe. Eva Gullick Frongello of SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 2611
      Raleigh, North Carolina 27602
      United States
      919-821-1220(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 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: 02/21/2023
Signatory's Name: Eva Gullick Frongello
Signatory's Position: Attorney of Record, North Carolina bar member
Signatory's Phone Number: 919-821-1220
Signature method: Sent to third party for signature
Payment Sale Number: 97805039
Payment Accounting Date: 02/21/2023

Serial Number: 97805039
Internet Transmission Date: Tue Feb 21 20:17:42 ET 2023
TEAS Stamp: USPTO/BAS-XX.X.XXX.XX-202302212017423976
09-97805039-860508b6d83a28b92ad94521dc83
9eab5718698749782b6d1d8d91079c785abd1-DA
-17426501-20230221164634760192