Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86019058

Filing Date: 07/24/2013

To the Commissioner for Trademarks:

MARK: SMOOTHIE KING (stylized and/or with design, see mark)

The literal element of the mark consists of SMOOTHIE KING.
The applicant is not claiming color as a feature of the mark. The mark consists of a stylized representation of a crown and the words SMOOTHIE KING.
The applicant, Smoothie King Franchises, Inc., a corporation of Louisiana, having an address of
      3900 N. Causeway Blvd., Suite 1300
      Metairie, Louisiana 70002
      United States


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 030:  Coffee-based beverages, hot-cereal based beverages; cereal-based food bars; ice cream, frozen yogurt, and sorbet
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 032:  Smoothies; non-alcoholic beverages; non-alcoholic frozen beverages; drinking water; fruit juices; vegetable juices; energy drinks
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 043:  Restaurant services; smoothie bar services; snack bar services; carry-out food services
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



The applicant claims ownership of U.S. Registration Number(s) 1840792, 2036826, 3542738, and others.

The applicant's current Attorney Information:
      Gabrielle S. Roth and Gary D. Krugman, Kevin G. Smith, Leigh Ann Lindquist, Jody H. Drake, Stephanie K. Wade and Shahrzad Poormosleh of Sughrue Mion, PLLC
      2100 Pennsylvania Ave., NW
      Washington, District of Columbia 20037-3213
      United States
The attorney docket/reference number is S5840224.

The applicant's current Correspondence Information:

Gabrielle S. Roth

Sughrue Mion, PLLC

2100 Pennsylvania Ave., NW

Washington, District of Columbia 20037-3213

202-293-7060(phone)

202-293-7860(fax)

tm@sughrue.com;groth@sughrue.com (authorized)

A fee payment in the amount of $975 has been submitted with the application, representing payment for 3 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Gabrielle S. Roth/   Date: 07/24/2013
Signatory's Name: Gabrielle S. Roth
Signatory's Position: Attorney of Record, DC bar member
RAM Sale Number: 86019058
RAM Accounting Date: 07/25/2013

Serial Number: 86019058
Internet Transmission Date: Wed Jul 24 17:26:17 EDT 2013
TEAS Stamp: USPTO/BAS-XX.X.XXX.XX-201307241726174807
01-86019058-5007f31b5b790d838f8639b1d4c9
e01a947f938cd61f82391743f876cab8cf7ab-CC
-4703-20130724165857790416