Trademark/Service Mark Application, Principal Register

MARK INFORMATION
Input Field	Entered
SERIAL NUMBER	97733200
*MARK	MALIBU
STANDARD CHARACTERS	YES
USPTO-GENERATED IMAGE	YES
LITERAL ELEMENT	MALIBU
MARK STATEMENT	The mark consists of standard characters, without claim to any particular font style, size, or color.
REGISTER	Principal
APPLICANT INFORMATION
*OWNER OF MARK	The Absolut Company Aktiebolag
*MAILING ADDRESS	117 97
*CITY	Stockholm
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	Sweden
*ZIP/POSTAL CODE (Required for U.S. and certain international addresses)	0
*EMAIL ADDRESS	XXXX
LEGAL ENTITY INFORMATION
TYPE	corporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION	Sweden
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS	009
*IDENTIFICATION	Downloadable virtual goods, namely, computer programs featuring alcoholic and non-alcoholic beverages, food, clothing, footwear, headwear, eyewear, bags, sports bags, backpacks, umbrellas, parasols, serving trays, portable beverage coolers, portable bars, ice buckets, cups, glasses and drinking vessels, bottle openers, cases and covers for cell phones, smart phones, tablet computers, all for use in online virtual worlds; Downloadable software, mobile application software and cloud based solution for virtual reality game and virtual worlds ; Virtual reality headsets and glasses; electronic devices, namely, connected bracelets adapted for use in online virtual worlds; Downloadable multimedia files containing artwork, text, audio, music and/or video relating to events, pop culture, sports, art, culture, entertainment, night life, travel, adventure, music, lifestyle, fashion, beauty, photography and people, namely, celebrities, athletes, artists, musicians, and photographers; Downloadable multimedia files containing artwork, text, audio, music and/or video relating to events, pop culture, sports, art, culture, entertainment, night life, travel, adventure, music, lifestyle, fashion, beauty, photography and people, namely, celebrities, athletes, artists, musicians, and photographers authenticated by non-fungible tokens; Downloadable virtual and augmented reality software for education, learning, entertainment purpose; Downloadable software, mobile application software and cloud based solution for providing a virtual marketplace; Downloadable software, mobile application software and cloud based solution for generating cryptographic keys for receiving and spending crypto assets and downloadable computer software for managing cryptocurrency transactions using blockchain technology; Computer programs for the creation and trade of digital collectibles using blockchain-based software technology; Software, enabling the authentication, ownership, availability and trading of digital assets; Downloadable software, mobile application software and cloud based solution for processing transactions related to crypto-collectibles, non-fungible tokens and other application tokens; Downloadable software, mobile application software and cloud based solution for use in electronically trading, storing, sending, receiving, accepting and transmitting crypto-collectibles, non-fungible tokens and other application tokens; Downloadable computer software, mobile application software and cloud based solution for use in facilitating the purchase and sale of rights to digital goods; Downloadable computer software, mobile application software and cloud based solution for managing digital collectibles; Downloadable computer software, mobile application software and cloud based solution for viewing images, videos and content relating to beverages, food, sports, gaming, music and apparel; Downloadable loyalty cards, incentive cards and reward cards.
FILING BASIS	SECTION 1(b)
FILING BASIS	SECTION 44(d)
FOREIGN APPLICATION NUMBER	2022/03866
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	Sweden
FOREIGN FILING DATE	07/22/2022
INTENT TO PERFECT 44(d)	At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS	035
*IDENTIFICATION	Retail store and online retail store services featuring virtual goods, namely, alcoholic and non-alcoholic beverages, food, clothing, footwear, headwear, eyewear, clocks, bags, sports bags, backpacks, umbrellas, parasols, serving trays, portable beverage coolers, portable bars, ice buckets, cups, glasses and drinking vessels, bottle openers, cases and covers for cell phones, smart phones, tablet computers for use online in online virtual worlds; Retail and retail store services in relation to non-fungible tokens (NFT's) namely, alcoholic and non-alcoholic beverages, food, clothing, footwear, headwear, eyewear, bags, sports bags, backpacks, umbrellas, parasols, serving trays, portable beverage coolers, portable bars, ice buckets, cups, glasses and drinking vessels, bottle openers, cases and covers for cell phones, smart phones, tablet computers; Organizing and conducting events, exhibitions, expositions and conferences for commercial purposes in the interactive entertainment, virtual reality, sports and video game entertainment industries; Providing incentive reward programs for customers through issuance and processing of loyalty points authenticated by non-fungible tokens (NFTs) for on-line purchase of a company's goods and services; Providing incentive award programs for customers and employees through the issuance of digital tokens for the purpose of promoting and rewarding customer loyalty; Retail store and online retail store services featuring virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets in the field of beverages, food, sports, gaming, music, culture and apparel; Provision of online marketplaces for buyers and sellers of virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets; Provision of online marketplaces for buyers and sellers of downloadable digital art images, music, videos.
FILING BASIS	SECTION 1(b)
FILING BASIS	SECTION 44(d)
FOREIGN APPLICATION NUMBER	2022/03866
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	Sweden
FOREIGN FILING DATE	07/22/2022
INTENT TO PERFECT 44(d)	At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS	041
*IDENTIFICATION	Entertainment services, namely, providing on-line, downloadable and non-downloadable virtual goods for use in virtual environments; Entertainment services, namely, providing on-line actual and virtual concerts and other virtual events; Entertainment services, namely, operating a virtual bar or restaurant offering virtual food and beverages; Entertainment services, namely, conducting actual and virtual workshops, educational demonstrations and courses of instruction in the field of mixology and alcoholic beverages; Entertainment services, namely, providing non-fungible tokens, digital media, digital files, and digital assets; Entertainment services, namely, providing on-line, downloadable and non-downloadable virtual beverages, food, bags, beverageware, coolers, clothing, headwear, footwear, umbrellas, towels, sporting equipment, toys, video game equipment and accessories, games; Entertainment services, namely, production, distribution, display, and storage of digital collectibles; Entertainment services, namely, providing an on-line virtual environment for using, trading, and purchasing virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets; Organizing and conducting virtual events, virtual exhibitions, virtual expositions and virtual conferences for educational and cultural purposes.
FILING BASIS	SECTION 1(b)
FILING BASIS	SECTION 44(d)
FOREIGN APPLICATION NUMBER	2022/03866
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	Sweden
FOREIGN FILING DATE	07/22/2022
INTENT TO PERFECT 44(d)	At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS	043
*IDENTIFICATION	Operating a virtual bar and/or restaurant offering virtual food and beverages; operating a virtual bar and/or restaurant featuring actual home delivery.
FILING BASIS	SECTION 1(b)
FILING BASIS	SECTION 44(d)
FOREIGN APPLICATION NUMBER	2022/03866
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	Sweden
FOREIGN FILING DATE	07/22/2022
INTENT TO PERFECT 44(d)	At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S)	The applicant claims ownership of active prior U.S. Registration Number(s) 1261893, 2989886, 5779959, and others.
ATTORNEY INFORMATION
NAME	Louis S. Ederer
ATTORNEY DOCKET NUMBER	1100502.tbd
ATTORNEY BAR MEMBERSHIP NUMBER	XXX
YEAR OF ADMISSION	XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY	XX
FIRM NAME	ARNOLD & PORTER KAYE SCHOLER LLP
INTERNAL ADDRESS	IP DOCKETING
STREET	601 Massachusetts Ave., NW
CITY	Washington
STATE	District of Columbia
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	United States
ZIP/POSTAL CODE	20001
PHONE	202-942-5000
FAX	202.942.5999
EMAIL ADDRESS	trademarkdocketing@arnoldporter.com
OTHER APPOINTED ATTORNEY	Palak Mayani Parikh, Miranda A.M. Hallett and Paul C. Llewellyn
DOMESTIC REPRESENTATIVE INFORMATION
NAME	Louis S. Ederer
FIRM NAME	ARNOLD & PORTER KAYE SCHOLER LLP
INTERNAL ADDRESS	IP DOCKETING
STREET	601 Massachusetts Ave., NW
CITY	Washington
STATE	District of Columbia
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	United States
ZIP CODE	20001
PHONE	202-942-5000
FAX	202.942.5999
EMAIL ADDRESS	trademarkdocketing@arnoldporter.com
CORRESPONDENCE INFORMATION
NAME	Louis S. Ederer
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE	trademarkdocketing@arnoldporter.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)	louis.ederer@arnoldporter.com; miranda.hallett@arnoldporter.com; palak.mayani@arnoldporter.com; elisabeth.richards@arnoldporter.com
FEE INFORMATION
APPLICATION FILING OPTION	TEAS Standard
NUMBER OF CLASSES	4
APPLICATION FOR REGISTRATION PER CLASS	350
*TOTAL FEES DUE	1400
*TOTAL FEES PAID	1400
SIGNATURE INFORMATION
SIGNATURE	/Miranda A.M. Hallett/
SIGNATORY'S NAME	Miranda A.M. Hallett
SIGNATORY'S POSITION	Attorney of record, D.C. bar member
SIGNATORY'S PHONE NUMBER	2029425982
DATE SIGNED	12/27/2022
SIGNATURE METHOD	Sent to third party for signature

	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.

Trademark/Service Mark Application, Principal Register

The table below presents the data as entered.

Trademark/Service Mark Application, Principal Register

To the Commissioner for Trademarks: