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`$3.99 |
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`Atty Ref.: 201518.020102
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`ALLEGATION OF USE UNDER37 C.F.R.2.88, WITH DECLARATION
`
`Serial No.:
`
`90/289,722
`
`To the Commissioner for Trademarks:
`
`APPLICANT: Calbee,Inc.
`
`NOTICE OF ALLOWANCEISSUE DATE: June 22, 2021
`
`Applicant requests registration of the above-identified trademark in the United States Patent and
`
`Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et
`
`seq., as amended). One specimen for each Class showing the mark as used in commerce is submitted
`
`with this Statement.
`
`Applicant is using the mark in commerce on or in connection with the following goods:
`
`Class 29: Potato chips and potato-based snack foods flavored with butter; Potato chips, potato crisps,
`potato-based snack foods
`
`-
`
`Date of first use of the mark anywhere:
`December 31, 2010
`- Date of first use of the mark in commerce which U.S. Congress may regulate:
`March 31, 2021
`
`ACTIVE 591202411
`
`
`
`Mark:
`Serial No.:
`
`Shiawase Butter (in Japanese Characters)
`90/289,722
`
`Class(es):
`Atty, Refi:
`
`29
`201518.020102
`
`Read the following statements before signing. Acknowledge the statements by checking the boxes and
`signing below.
`
`The applicant is the owner of the mark soughtto be registered.
`For a trademark or service mark application, the mark is in use in commerce on or in
`connection with all
`the goods/services in the application or notice of allowance, or as
`subsequently modified.
`For a collective trademark, collective service mark, collective membership mark
`application, the applicant is exercising legitimate control over the use of the mark in commerce
`by members on or
`in connection with all
`the goods/services/collective membership
`organization in the application or notice of allowance, or as subsequently modified.
`For a certification mark application, the applicant is exercising legitimate control over the
`use of the mark in commerceby authorized users on or in connection with the all goods/services
`in the application or notice of allowance, or as subsequently modified, and the applicant is not
`engaged in the production or marketing of the goods/services to which the mark is applied,
`except to advertise or promote recognition of the certification program or of the goods/services
`that meet the certification standards of the applicant.
`The specimen(s) shows the mark as used on or in connection with the goods/services/collective
`membership organization in commerce.
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable,
`authorized users, members, and/or 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/collective membership organization 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 thatall
`statements made on information and belief are believed to be true.
`
`gZ
`
`Dated: August 20, 2021
`
`Calbee, Inc.
`
`By: Kirefums [Mispomnt?
`
`Name: Hirofumi Miyamoto
`Manager of Legal Department
`
`Title:
`
`Attorneys:
`Greenberg Traurig, LLP
`2200 Ross Avenue, Suite 5200
`Dallas, Texas 75201
`Tel. No.:
`214-665-3712
`Fax No.:
`214-665-3601
`E-Mail:
`leejen(@gtlaw.com
`
`ACTIVE 591202411
`
`2.
`
`
