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: 98606735

Filing Date: 06/18/2024

To the Commissioner for Trademarks:

MARK: S-CUP (stylized and/or with design, see mark)
The literal element of the mark consists of S-CUP. The applicant is not claiming color as a feature of the mark. The mark consists of the wording S-CUP in stylized lettering.
The applicant, HISAMITSU PHARMACEUTICAL CO., INC., a kabushiki kaisha (k.k.) legally organized under the laws of Japan, having an address of
      408, Tashirodaikan-machi,
      Tosu-shi, Saga 841-0017
      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 005:  Medicinal drinks; Vitamin preparations; Dietary supplements; Dietary supplemental drinks; Dietary supplement drinks for medical purposes; Nutritional supplements; Beverages containing taurine and vitamins for use as a nutritional supplement; Powdered nutritional supplement drink mix; Dietetic beverages adapted for medical purposes; Dietetic beverages, namely, energy drinks adapted for medical purposes; Vitamin fortified beverages for medical purposes; Dietetic food adapted for medical purposes
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:  Soft drinks; Soft drinks, non-carbonated; Soft drinks containing vitamins; Energy drinks; Energy drinks enhanced with taurine and vitamins; Sports drinks; Sports drinks enhanced with taurine and vitamins
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: Kazuyo Morita. Other appointed attorneys are Scott S. Havlick, Matthew Horlacher, Larry H. Tronco, Jeffrey D. Larson, Caroline Bryce, and all other attorneys of Holland & Hart LLP. Kazuyo Morita of Holland & Hart 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
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201
      United States
      303-473-2701(phone)
      docket@hollandhart.com
The docket/reference number is 41961.0254.
Kazuyo Morita 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 Kazuyo Morita of Holland & Hart LLP
      P.O. Box 8749
      Attn: Trademark Docketing
      Denver Colorado 80201
      United States
      303-473-2701(phone)
      docket@hollandhart.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:

Kazuyo Morita

PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kmorita@hollandhart.com; atticus.trademark.nobill@hollandhart.com; allies@hollandhart.com; cebryce@hollandhart.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: /Caroline E. Bryce/   Date: 06/18/2024
Signatory's Name: Caroline Bryce
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 303-473-4848
Signature method: Signed directly within the form
Payment Sale Number: 98606735
Payment Accounting Date: 06/18/2024

Serial Number: 98606735
Internet Transmission Date: Tue Jun 18 14:50:46 ET 2024
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2024061814504676
6029-98606735-87044e1d3226efa64ee641d4f7
581a9262478fef0a3eef64af77e42db3870c37-D
A-50469016-20240618144436722995