Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97094232

Filing Date: 10/26/2021

To the Commissioner for Trademarks:

MARK: Sofúl (Standard Characters, see mark)
The literal element of the mark consists of Sofúl. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Kabushiki Kaisha Yakult Honsha, a corporation of Japan, having an address of
      1-10-30, Kaigan,
      Minato-ku, Tokyo 105-8660
      Japan
      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 products, namely, lactic acid drinks, lactic acid bacteria drinks, fermented milk and yogurt
Based on Foreign Registration: 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, and submits a copy of Japan registration number 5162523, and/or proof of renewal, registered 08/29/2008 with a renewal date of 08/29/2018 and an expiration date of 08/29/2028, and translation thereof, if appropriate.

Original PDF file:
reg-74102109169-232800374 _._SOFUL_accent_-_JPO_Cer tificate_of_Registration_ 5162523.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 030:  Confectionery, namely, ice candies, ice cream, wafers, caramels, candies, cookies, crackers, cones for ice cream, sherbets, cream puffs, toffees, chewing gums, chocolate, doughnuts, nougat, pies, biscuits, fruit jelly candy, frozen yogurt, pancakes, popcorn, marshmallows, rusks, waffles; bread and buns
Based on Foreign Registration: 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, and submits a copy of Japan registration number 5162523, and/or proof of renewal, registered 08/29/2008 with a renewal date of 08/29/2018 and an expiration date of 08/29/2028, and translation thereof, if appropriate.

Original PDF file:
reg-74102109169-232800374 _._SOFUL_accent_-_JPO_Cer tificate_of_Registration_ 5162523.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.



The owner's/holder's proposed attorney information: Max Vern. Max Vern of Amster, Rothstein & Ebenstein LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      90 Park Avenue
      New York, New York 10016
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 80800/385.
Max Vern 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 Max Vern of Amster, Rothstein & Ebenstein LLP
      90 Park Avenue
      New York New York 10016
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.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:

Max Vern

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $700 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: /Max Vern/   Date: 10/26/2021
Signatory's Name: Max Vern
Signatory's Position: Attorney of Record, NY Bar Member
Signatory's Phone Number: 212-336-8000
Signature method: Signed directly within the form
Payment Sale Number: 97094232
Payment Accounting Date: 10/26/2021

Serial Number: 97094232
Internet Transmission Date: Tue Oct 26 23:34:43 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202110262334437
21890-97094232-781d6e42253030de320fd2b66
a27576127b3fee794214e8ea3e75ed46ef05d-CC
-34423076-20211026232800374811