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: 98605312

Filing Date: 06/17/2024

To the Commissioner for Trademarks:

MARK: SOFT TOP (stylized and/or with design, see mark)
The literal element of the mark consists of SOFT TOP. The applicant is not claiming color as a feature of the mark. The mark consists of the words "Soft Top" in a stylized cursive font with underlining connected to the "S" in "Soft Top".
The applicant, Dutch Bros., LLC, a limited liability company legally organized under the laws of Oregon, having an address of
      110 SW 4th Street
      Grants Pass, Oregon 97526
      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 030:  Sweet cream whip sold as a component of coffee, coffee-based beverages, tea-based beverages, cocoa-based beverages and energy drinks.

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/01/2020, and first used in commerce at least as early as 05/01/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Printed menu available at point of purchase.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Sheila Fox Morrison. Other appointed attorneys are Steven E. Klein. Sheila Fox Morrison of Davis Wright Tremaine 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
      560 SW Tenth Avenue, Suite 700
      Portland, Oregon 97205
      United States
      503-241-2300(phone)
      503-778-5299(fax)
      pdxtrademarks@dwt.com
The docket/reference number is 69131-180.
Sheila Fox Morrison 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:

Sheila Fox Morrison

PRIMARY EMAIL FOR CORRESPONDENCE: pdxtrademarks@dwt.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 $350 has been submitted with the application, representing payment for 1 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: /Victoria Tullett/   Date: 06/17/2024
Signatory's Name: Victoria Tullett
Signatory's Position: Chief Legal Officer, Dutch Bros., LLC
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 98605312
Payment Accounting Date: 06/17/2024

Serial Number: 98605312
Internet Transmission Date: Mon Jun 17 19:19:01 ET 2024
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2024061719190178
8927-98605312-87062c29d91c1e3c3c62c29cef
21cf21c8fb72083b7e15c9496d92837f296855f-
DA-19018775-20240614123728025996