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: 90141740

Filing Date: 08/27/2020

To the Commissioner for Trademarks:

MARK: RED CUP (Standard Characters, see mark)
The literal element of the mark consists of RED CUP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Herzog Holdings, LLC, a limited liability company legally organized under the laws of California, having an address of
      Apt. 446
      7660 Beverly Boulevard
      Los Angeles, California 90036
      United States
      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 029:  Milk, chocolate milk and milk based beverages; oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk
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 030:  Hot chocolate and frozen hot chocolate; coffees; tea
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:  Beer, ale, lager, stout and porter; non-alcoholic beverages, namely, carbonated beverages and non-carbonated soft drinks; fruit juices, drinking water and coconut water
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 033:  Wine; alcoholic coffee-based beverages; alcoholic chocolate-based beverages; alcoholic beverages, except beer, containing milk, chocolate milk, oat milk, coconut milk, almond milk, soy milk, nut milk, rice milk, lactose-free milk; spirits and liqueurs; alcoholic beverages, except beer; whiskey
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 owner's/holder's proposed attorney information: Mark A. Paskar. Other appointed attorneys are David A. Roodman; Daniel A. Crowe; George C. Chen; Lindsay E. Cohen; Nick Williamson; Matthew G. Minder; and Steve Trubac of Bryan Cave Leighton Paisner LLP. Mark A. Paskar of Bryan Cave Leighton Paisner 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
      Suite 3600
      211 N. Broadway
      St. Louis, Missouri 63102
      United States
      312-602-5000(phone)
      (312) 602-5050(fax)
      BCIPDocketing@bryancave.com
The docket/reference number is 3000511.1.
Mark A. Paskar 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:

Mark A. Paskar

PRIMARY EMAIL FOR CORRESPONDENCE: BCIPDocketing@bryancave.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mapaskar@bryancave.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 $1100 has been submitted with the application, representing payment for 4 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: /john herzog/   Date: 08/27/2020
Signatory's Name: John Herzog
Signatory's Position: Member
Payment Sale Number: 90141740
Payment Accounting Date: 08/27/2020

Serial Number: 90141740
Internet Transmission Date: Thu Aug 27 12:56:52 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200827125652675
424-90141740-740852214b3e90a4edda20f06b4
b266e9e1e96f2b98838da8b8f3c7c3c2db656-DA
-56527712-20200827115923699226