Application

PTO- 1478

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

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.

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PTO- 1478

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

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.

Trademark/Service Mark Application, Principal Register

Serial Number: 97524586

Filing Date: 07/28/2022

To the Commissioner for Trademarks:

MARK: CAPTAIN'S COLA (Standard Characters, see mark)
The literal element of the mark consists of CAPTAIN'S COLA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Diageo North America, Inc., a corporation of Connecticut, having an address of
      3 World Trade Center
      175 Greenwich St
      New York, New York 10007
      United States
      212-202-1821(phone)
      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 032:  Beer, ale, lager, stout, porter, shandy; Brewed malt-based beers; Flavored beers; Low-alcohol beer
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:  alcoholic beverages, namely, hard seltzer
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: Jennifer Hamilton. Other appointed attorneys are Paola Tornabene, Martin W. Hayes, Maribel Elias. Jennifer Hamilton 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
      3 World Trade Center
      175 Greenwich St
      New York, New York 10007
      United States
      212-202-1821(phone)
      diageodocketing@ashurst.com

Jennifer Hamilton 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:

Jennifer Hamilton

PRIMARY EMAIL FOR CORRESPONDENCE: diageodocketing@ashurst.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jennifer.hamilton@diageo.com; nancy.quintana@diageo.com; mara.mccooey@diageo.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 $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: /JENNIFER HAMILTON/   Date: 07/28/2022
Signatory's Name: JENNIFER HAMILTON
Signatory's Position: ATTORNEY OF RECORD, NY BAR MEMBER
Signatory's Phone Number: 212-202-1821
Signature method: Signed directly within the form
Payment Sale Number: 97524586
Payment Accounting Date: 07/28/2022

Serial Number: 97524586
Internet Transmission Date: Thu Jul 28 16:11:02 ET 2022
TEAS Stamp: USPTO/BAS-XXX.X.XX.XX-202207281611020155
87-97524586-820a961d9cc6f26992362365e23f
be57909aba725c6cb51b7fb27148dfb1b9460-DA
-11010612-20220728155839597710