TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86808733

Filing Date: 11/04/2015

To the Commissioner for Trademarks:

MARK: BURROS & FRIES EST. 1974 FRESH MEXICAN GRILL! (stylized and/or with design, see mark)

The literal element of the mark consists of BURROS & FRIES EST. 1974 FRESH MEXICAN GRILL!.
The color(s) Brown, Black, White, Red, Yellow, Orange is/are claimed as a feature of the mark. The mark consists of an image of a burro with human-like features. The burro consists of a brown tortilla, outlined in black, with yellow fries emerging from the top. Black eyebrows, a black nose, a black mouth with a red tongue, and black sunglasses with white glares are placed near the top of the burro. Below this, a red shirt is placed, outlined in black. On the shirt, a white rectangle is placed, inside of which the literal elements "BURROS & FRIES EST. 1974", are placed. The literal elements "BURROS" are orange in color and outlined in white and black. The literal element "&" is white in color, outlined in black, and placed on a yellow circle outlined in black. The literal elements "FRIES EST. 1974" are white. Below the rectangle, the literal elements "FRESH MEXICAN GRILL!",, stylized in white, are placed. On either side of the burro, brown arms are placed with white glove-like hands outlined in black. Below the shirt, black shorts are placed. The Burro has two brown legs, wearing white and red shoes.
The applicant, Fernando Ruiz, a citizen of United States, having an address of
      4610 Barrington crt
      Bonita, California 91902
      United States


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 043:  Restaurant services; Restaurant services featuring Mexican food.

In International Class 043, 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 08/01/2015, and first used in commerce at least as early as 08/01/2015, 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) The specimen consists of screen shot of the website, photo of van advertising services and product container used in restaurant showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4173239.

The applicant's current Attorney Information:
      Christopher Civil and John Salcido, Shauna Maloney, Jessica Tam , Nelly Samadi, Goldy Saroay, Tiffany Wan of Raj Abhyanker, P.C.
      451 N Shoreline Blvd
      Mountain View, California 94043
      United States
The attorney docket/reference number is 433133.

The applicant's current Correspondence Information:

Christopher Civil

Raj Abhyanker, P.C.

451 N Shoreline Blvd

Mountain View, California 94043

650 965-8731(phone)

650 989-2131(fax)

trademarks@legalforce.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce 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/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that 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. 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 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: /chris civil/   Date: 11/03/2015
Signatory's Name: Christopher Civil
Signatory's Position: Attorney of record, CA bar member
RAM Sale Number: 86808733
RAM Accounting Date: 11/04/2015

Serial Number: 86808733
Internet Transmission Date: Wed Nov 04 05:48:31 EST 2015
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2015110405483100
0696-86808733-5409e8c4d7c1bb2e3191ae5fc3
07ac777bb9b739835db1b1c858e14f7c33661-DA
-6282-20151103071738764395