Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: CAPTAIN MORGAN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88009238/large)
SERIAL NUMBER: 88009238
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Diageo North America, Inc., having an address of
      801 Main Avenue
      Norwalk, Connecticut 06851
      United States
      203-229-2100
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 025:
Current identification: Aprons; Belts; Board shorts; Boxer briefs; Coats; Footwear; Gloves; Headwear, namely, hats, caps; Hoodies; Jackets; Loungewear; Pajamas; Pants; Scarves; Shirts; Shorts; Socks; Sweatshirts; Swimwear; T-shirts; Tank tops

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Aprons; Belts; Board shorts; Boxer briefs; Coats; Footwear; Gloves; Headwear, namely, hats, caps; Jackets; Loungewear; Pajamas; Pants; Scarves; Shirts; Shorts; Socks; Swimwear; T-shirts; Tank tops

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Hoodies; Sweatshirts
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/31/2017, and first used in commerce at least as early as 01/31/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screen capture of point of sale website showing the goods displaying the mark and a photograph of hang-tag attached to the goods also bearing the mark..
Specimen File1
Specimen File2


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Hoodies; Sweatshirts (Class 25)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Aprons; Belts; Board shorts; Boxer briefs; Coats; Footwear; Gloves; Headwear, namely, hats, caps; Jackets; Loungewear; Pajamas; Pants; Scarves; Shirts; Shorts; Socks; Swimwear; T-shirts; Tank tops (Class 25)

The applicant's current attorney information: Martin Hayes. Martin Hayes of DIAGEO NORTH AMERICA, INC., is located at

      801 MAIN AVENUE
      NORWALK, Connecticut 06851
      United States

The phone number is 203-229-2100.

The email address is diageodocketing@ashurst.com

The applicants proposed attorney information: Martin Hayes. Other appointed attorneys are Jennifer Hamilton and Paola Tornabene. Martin Hayes of DIAGEO NORTH AMERICA, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Three World Trade Center
      175 Greenwich Street
      New York, New York 10007
      United States

The phone number is 203-229-2100.

The email address is diageodocketing@ashurst.com

Martin Hayes 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 HAYES. MARTIN HAYES of DIAGEO NORTH AMERICA, INC., is located at

      801 MAIN AVENUE
      NORWALK, Connecticut 06851
      United States

The phone number is 203-229-2100.

The email address is diageodocketing@ashurst.com

The applicants proposed correspondence information: MARTIN HAYES. MARTIN HAYES of DIAGEO NORTH AMERICA, INC., is located at

      Three World Trade Center
      175 Greenwich Street
      New York, New York 10007
      United States
The docket/reference number is 81279939.

The phone number is 203-229-2100.

The email address is diageodocketing@ashurst.com; Mara.McCooey@diageo.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $225 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Martin W. Hayes/      Date Signed: 11/11/2019
Signatory's Name: Martin W. Hayes
Signatory's Position: Attorney for Applicant, IP Counsel, Diageo North America, Inc., Virginia state Bar member
Signatory's Phone: 203.229.2100

Request to Divide Signature


Signature: /Martin W. Hayes/    Date: 11/11/2019
Signatory's Name: Martin W. Hayes
Signatory's Position: Attorney for Applicant, IP Counsel, Diageo North America, Inc.,Virginia state Bar member

Signatory's Phone: 203.229.2100

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


Mailing Address:
   DIAGEO NORTH AMERICA, INC.
   Three World Trade Center
   175 Greenwich Street
   New York, New York 10007

RAM Sale Number: 88009238
RAM Accounting Date: 11/12/2019

Serial Number: 88009238
Internet Transmission Date: Mon Nov 11 12:43:02 EST 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-201911111243022
91521-88009238-7008d228b701cff1d78493ab8
e3f2fd61544115dfd63160bebb95dc4db444f06f
-DA-43014602-20191111123147544191