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: 88672767

Filing Date: 10/29/2019

To the Commissioner for Trademarks:

MARK: BAD ASS COFFEE OF HAWAII (stylized and/or with design, see mark)
The literal element of the mark consists of BAD ASS COFFEE OF HAWAII. The applicant is not claiming color as a feature of the mark. The mark consists of the words BAD and ASS in capital letters with a head of a donkey between them. Centered below that on the second line are the words COFFEE OF HAWAII in all capital letters, with the word OF in smaller capital letters.
The applicant, Royal Aloha Franchise Company, LLC, a limited liability company legally organized under the laws of Colorado, having an address of
      3900 S. Wadsworth Blvd., Suite 650
      Lakewood, Colorado 80235
      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:  Ground and whole bean coffee; coffee and espresso beverages, namely, latte, cappuccino, Americano, mocha; beverages made with a base of coffee and/or espresso; flavored coffee; iced coffee; ready-to-drink coffee; ready-to-drink tea; Italian soda drinks; chai latte drinks; hot chocolate drinks; fruit-based smoothies.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 035:  Retail and on-line store services featuring ground and whole bean coffee, coffee, tea, flavoring, coffee and tea gift baskets, t-shirts, hats and mugs.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 043:  Restaurant, cafe, cafeteria, snack bar, coffee bar and coffee house, carry out restaurant, and take out restaurant services; food preparation; preparation of carry out foods and beverages
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.




The applicant hereby appoints Lynne M. Hanson. Lynne M. Hanson of Moye White LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1400 16th Street, 6th Floor
      Denver, Colorado 80202
      United States
      303-292-2900(phone)
      303-292-4510(fax)
      lynne.hanson@moyewhite.com (authorized).

Lynne M. Hanson 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:

Lynne M. Hanson

Moye White LLP

1400 16th Street, 6th Floor

Denver, Colorado 80202

303-292-2900(phone)

303-292-4510(fax)

lynne.hanson@moyewhite.com; karin.tupper@moyewhite.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 $825 has been submitted with the application, representing payment for 3 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: /Lynne M. Hanson/   Date: 10/29/2019
Signatory's Name: Lynne M. Hanson
Signatory's Position: Attorney of Record
Payment Sale Number: 88672767
Payment Accounting Date: 10/29/2019

Serial Number: 88672767
Internet Transmission Date: Tue Oct 29 17:39:21 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20191029173921784
004-88672767-700fbcd25bc6dd295b698c9701f
bfbf21de692b96ed5eab2c013949aed39c7b9-DA
-39219611-20191029164601944997