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: 88882743

Filing Date: 04/22/020

To the Commissioner for Trademarks:

MARK: HYPE EVERYDAY WELLNESS CBD BEVERAGE BROAD SPECTRUM CBD-CBG 20MG CBD NATURAL ROOIBOS INFUSION CBD BY SOCATI ND THC (stylized and/or with design, see mark)
The literal element of the mark consists of HYPE EVERYDAY WELLNESS CBD BEVERAGE BROAD SPECTRUM CBD-CBG 20MG CBD NATURAL ROOIBOS INFUSION CBD BY SOCATI ND THC. The color(s) green, turquoise, grey and light grey is/are claimed as a feature of the mark. The mark consists of a green rectangular bar above the word "HYPE" in grey stylized font seen in a vertical orientation to the left of the wording "EVERYDAY WELLNESS" in turquoise stylized font, above a green square shape with rounded corners on the upper left and lower right sides of the shape featuring the letters "CBD" in light grey, stylized font. Below it is the word "BEVERAGE" in turquoise stylized letters. The words "BROAD SPECTRUM CBD-CBG" is seen below it in grey stylized font above a green short rectangular shape is seen with rounded corners on the upper left and lower right sides of the shape. The shape featires the wording "20MG CBD" in light grey, stylized font. Below this shape are the words "NATURAL ROOIBOS INFUSION" in turquoise stylized letters. The wording "CBD by socati" is seen near the bottom of the mark in turquoise stylized font with the "o" in "socati" featuring two small turquoise dots extending above and below it. The bottom right of the mark features the letters "ND" stacked atop the letters "THC", both in grey stylized font, outlined by a grey square. All of the aforementioned elements are on a light grey background.
The applicant, HYPE-IP LIMITED, a limited company (ltd.) legally organized under the laws of Gibraltar, having an address of
      Suite 5
      39 Irish Town
      Gibraltar
      Gibraltar
      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:  Dietary and nutritional supplements; topical analgesic creams; dietary and nutritional supplements containing CBD derived from hemp; topical analgesic creams containing CBD derived from hemp
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 032:  Non-alcoholic beverages, namely, carbonated beverages; soft drinks, namely, non-carbonated soft drinks; non-alcoholic beverages containing CBD derived from hemp, namely, carbonated beverages; soft drinks containing CBD derived from hemp, namely, non-carbonated soft drinks
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.



Disclaimer
No claim is made to the exclusive right to use "WELLNESS", "CBD", "BEVERAGE", BROAD SPECTRUM CBD-CBG", "20MG CBD", NATURAL ROOIBOS INFUSION", "CBD BY SOCATI" and "ND THC" apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4587435, 4473810, and 3962214.


The owner's/holder's proposed attorney information: Justin R. Young. Other appointed attorneys are Laurel V. Dineff; R. Peter Spies. Justin R. Young of Dineff Trademark Law Limited, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      160 N. Wacker Drive
      Chicago, Illinois 60606
      United States
      312-338-1000(phone)
      312-338-1500(fax)
      jyoung@dineff.com
The docket/reference number is TM10034US00.
Justin R. Young 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 hereby appoints Justin R. Young of Dineff Trademark Law Limited
      160 N. Wacker Drive
      Chicago Illinois 60606
      United States
      312-338-1000(phone)
      312-338-1500(fax)
      jyoung@dineff.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Justin R. Young

PRIMARY EMAIL FOR CORRESPONDENCE: jyoung@dineff.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmlaw@dineff.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 $550 has been submitted with the application, representing payment for 2 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: /justinryoung/   Date: 04/22/2020
Signatory's Name: Young, Justin R.
Signatory's Position: Attorney for applicant, New York Bar member
Payment Sale Number: 88882743
Payment Accounting Date: 04/22/2020

Serial Number: 88882743
Internet Transmission Date: Wed Apr 22 15:42:19 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202004221542196
91046-88882743-71094a257baf6376554ff970c
923579bf6a0f2698fb819423730f63d4b76cc556
-CC-42188489-20200422153948305523