OJO DEL SOL TEQUILA

E. & J. Gallo Winery

Application Filed: 2015-05-19
Trademark Application Details
Trademark Logo OJO DEL SOL TEQUILA

The mark consists of a three-dimensional configuration of a clear bottle for the goods, namely, a bottle with a wide top tapering off to a smaller base, a short rounded neck covered by a neck label, and a curved casket-shaped middle portion of the bottle bearing a label, and a tan bottle cap. Imprinted on the bottle in its bottom quarter is a design of an agave leaf. The neck label is turquoise blue, and is bordered by a silver and turquoise geometric design. In the middle of the neck label is a design of a silver agave leaf, with the words "100% AGAVE" in silver below it. A silver geometric design is sprinkled throughout the neck label. The label covering the middle of the bottle contains a fanciful geometric design of the sun, with multiple layers of turquoise and silver, surrounded by a white circle containing three lines of light turquoise dotted lines. The white circle surrounding the geometric sun design fades into a rectangular white label directly underneath the circle, which contains the word "OJO" in stylized large black capital letters, and the smaller words "DEL SOL" in black directly underneath, and the smaller word "TEQUILA" in black directly underneath "DEL SOL". Underneath these words are three thin, black horizontal lines and containing within them are two bars of a silver and white geometric design, and underneath the bars centered between two thin black vertical lines is a design of a black agave leaf. The red broken lines depicting the bottle cap indicate placement of the mark on the goods and are not part of the mark.

Mark For: OJO DEL SOL TEQUILA™ trademark registration is intended to cover the category of alcoholic beverages except beers. [all]

>The color(s) turquoise blue, silver, tan, white and black is/are claimed as a feature of the mark. The mark consists of a three-dimensional configuration of a clear bottle for the goods, namely, a bottle with a wide top tapering off to a smaller base, a short rounded neck covered by a neck label, and a curved casket-shaped middle portion of the bottle bearing a label, and a tan bottle cap. Imprinted on the bottle in its bottom quarter is a design of an agave leaf. The neck label is turquoise blue, and is bordered by a silver and turquoise geometric design. In the middle of the neck label is a design of a silver agave leaf, with the words "100% AGAVE" in silver below it. A silver geometric design is sprinkled throughout the neck label. The label covering the middle of the bottle contains a fanciful geometric design of the sun, with multiple layers of turquoise and silver, surrounded by a white circle containing three lines of light turquoise dotted lines. The white circle surrounding the geometric sun design fades into a rectangular white label directly underneath the circle, which contains the word "OJO" in stylized large black capital letters, and the smaller words "DEL SOL" in black directly underneath, and the smaller word "TEQUILA" in black directly underneath "DEL SOL". Underneath these words are three thin, black horizontal lines and containing within them are two bars of a silver and white geometric design, and underneath the bars centered between two thin black vertical lines is a design of a black agave leaf. The red broken lines depicting the bottle cap indicate placement of the mark on the goods and are not part of the mark.

Status

2021-08-10 UTC
DEAD APPLICATION Refused Dismissed or Invalidated
This trademark application was refused, dismissed, or invalidated by the Office and this application is no longer active.


Research OneLook Acronym Finder
Serial Number86634875
Mark Literal ElementsOJO DEL SOL TEQUILA
Mark Drawing Type3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Mark TypeTRADEMARK
Standard Character ClaimNo
RegisterPRINCIPAL
Current LocationTMO LAW OFFICE 118- EXAMINING ATTORNEY ASSIGNED 2018-08-13
Basis1(b)
Class StatusACTIVE
Primary US Classes
  • 047: Wines
  • 049: Distilled Alcoholic Liquors
Primary International Class
  • 033 - Primary Class
  • (Wine and spirits) Alcoholic beverages (except beers).
Filed UseNo
Current UseNo
Intent To UseYes
Filed ITUYes
44D FiledNo
44E CurrentNo
66A CurrentNo
Current BasisNo
No BasisNo
Attorney NameKristi W. Whalen
Attorney Docket NumberUSNAOJ-002-e
Law Office AssignedM90
Employee NameMCMORROW, RONALD G

Timeline

2015-05-19Application Filed
2018-07-06Abandon
2018-08-13Location: TMO LAW OFFICE 118- EXAMINING ATTORNEY ASSIGNED
2018-08-13Status: Abandoned because the applicant failed to respond or filed a late response to an Office action. To view all documents in this fi
2018-08-13Status: Dead/Abandoned
2018-08-13Transaction Date

Trademark Parties (Applicants & Owners)

Party: E. & J. Gallo Winery
Address600 Yosemite Boulevard Modesto, CALIFORNIA UNITED STATES 95354
Legal Entity TypeCorporation
Legal Entity StateCALIFORNIA
Party: E. & J. Gallo Winery
Address600 Yosemite Boulevard Modesto CA 95354
Legal Entity Type
Legal Entity StateCA

*multiple parties listed, check assignment documents for ownership information

Documents

DrawingJPEG2015-05-19
TEAS Plus New ApplicationMULTI2015-05-19
Design Search Code Corr ProjectXML2015-05-29
XSearch Search SummaryAPPLICATION/XML2015-06-18
Offc Action OutgoingMULTI2015-06-19
Amended DrawingJPEG2015-11-23
DrawingJPEG2015-11-23
Response to Office ActionMULTI2015-11-23
Amendment and Mail Process CompleteMULTI2015-12-12
Suspension LetterXML2015-12-18
Offc Action OutgoingMULTI2018-01-04
Notice of AbandonmentAPPLICATION/XML2018-08-13

Design Search Codes

05.13.25Bales of hay or straw; Hay in bales; Other plants including bales of hay or straw; Straw in bales
19.09.02Bottles, jars or flasks with bulging, protruding or rounded sides; Flasks with bulging or protruding sides; Jars with bulging or protruding sides
26.01.18Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
26.01.21Circles that are totally or partially shaded.
26.11.21Rectangles that are completely or partially shaded
26.17.01Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.04Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
26.17.05Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
010525Sun, other representations of the sun
051325Bales of hay or straw; Hay in bales; Other plants including bales of hay or straw; Straw in bales
190902Bottles, jars or flasks with bulging, protruding or rounded sides; Flasks with bulging or protruding sides; Jars with bulging or protruding sides
260118Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
260121Circles that are totally or partially shaded.
261121Rectangles that are completely or partially shaded
261701Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
261704Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
261705Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Attorney of Record

KRISTI W. WHALEN
Attorney At Law
600 Yosemite Blvd
Modesto, CA 95354-2760

Good, Services, and Codes

(ABANDONED)
IC 033. US 047 049. G & S: Alcoholic beverages except beers

International Codes:33
U.S. Codes:047,049
Type CodeType
CC0000The color(s) turquoise blue, silver, tan, white and black is/are claimed as a feature of the mark.

Trademark Filing History

DescriptionDateProceeding Number
ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND2018-08-13
ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE2018-08-13
NOTIFICATION OF NON-FINAL ACTION E-MAILED2018-01-046325
NON-FINAL ACTION WRITTEN2018-01-0473708
NON-FINAL ACTION E-MAILED2018-01-046325
REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED2017-06-21
REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED2016-12-21
REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED2016-06-2068552
SUSPENSION LETTER WRITTEN2015-12-1873708
NOTIFICATION OF LETTER OF SUSPENSION E-MAILED2015-12-186332
LETTER OF SUSPENSION E-MAILED2015-12-186332
TEAS/EMAIL CORRESPONDENCE ENTERED2015-12-1168552
CORRESPONDENCE RECEIVED IN LAW OFFICE2015-12-1168552
ASSIGNED TO LIE2015-12-0968552
TEAS RESPONSE TO OFFICE ACTION RECEIVED2015-11-23
NOTIFICATION OF NON-FINAL ACTION E-MAILED2015-06-196325
NON-FINAL ACTION WRITTEN2015-06-1973708
NON-FINAL ACTION E-MAILED2015-06-196325
ASSIGNED TO EXAMINER2015-06-1873708
NOTICE OF DESIGN SEARCH CODE E-MAILED2015-05-29
NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM2015-05-28
NEW APPLICATION ENTERED IN TRAM2015-05-22

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