TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88638502

Filing Date: 10/01/2019

To the Commissioner for Trademarks:

MARK: Hawaiian Athletics (Standard Characters, see mark)
The literal element of the mark consists of Hawaiian Athletics. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MNS, Ltd., DBA ABC Stores, a corporation of Hawaii, having an address of
      766 Pohukaina Street
      Honolulu, Hawaii 96813
      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 025:  Clothing, namely, T-shirts; all the foregoing sold through ABC Stores branded channels of trade (including retail, website, catalog and social media), HAWAIIAN CASUALS branded channels of trade, ISLAND COUNTRY MARKET branded channels of trade, ISLAND GOURMET MARKETS branded channels of trade, or ISLAND FAVORITES branded channels of trade, all not identifying a baseball or softball team, league, mascot or stadium

In International Class 025, 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 08/26/2014, and first used in commerce at least as early as 08/26/2014, 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) Internet web page displaying the mark, the goods, and a means for ordering, in compliance with section 904.03(i) of the Trademark Manual of Examining Procedure.
Specimen File1


Disclaimer
No claim is made to the exclusive right to use Athletics apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4774482.

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 applicant hereby appoints Martin E. Hsia, 32,471. Other appointed attorneys are Keri Ann Krzykowski, 60,603. Martin E. Hsia, 32,471 of Cades Schutte A Limited Liability Law Partnership 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
      12th Floor
      1000 Bishop Street
      Honolulu, Hawaii 96813
      United States
      808-544-3835(phone)
      808-540-5049(fax)
      ip@cades.com (authorized).

Martin E. Hsia, 32,471 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:

Martin E. Hsia, 32,471

Cades Schutte A Limited Liability Law Partnership LLP

12th Floor       1000 Bishop Street

Honolulu, Hawaii 96813

808-544-3835(phone)

808-540-5049(fax)

ip@cades.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 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 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 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 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: /riki morimoto/   Date: 09/28/2019
Signatory's Name: Riki Morimoto
Signatory's Position: Executive Vice President and Chief Financial Officer
Payment Sale Number: 88638502
Payment Accounting Date: 10/01/2019

Serial Number: 88638502
Internet Transmission Date: Tue Oct 01 22:27:55 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019100122275552
9685-88638502-610d1d3b29c24394e03a1f5fc4
7bb4fd621bc8830217cf659d275115baed935-CC
-27541812-20190926205511316036