TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 86925168

Filing Date: 03/01/2016

To the Commissioner for Trademarks:

MARK: JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA (stylized and/or with design, see mark)

The literal element of the mark consists of JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA.
The color(s) gold, red, black is/are claimed as a feature of the mark. The mark consists of a bottle with a label enclosure formed by gold and red lines, and seven coins in gold, the words "JOSE CUERVO ESPECIAL" in stylized letters in black, with the words "JOSE CUERVO" in signature in red on a light gold background, a seal in red with the words "FABRICA LA ROJENA TEQUILA" in gold with a crest containing a design of a raven, agave plant and coa (agave harvesting tool) in gold surrounded by floral leaves and a ribbon design in gold, the same crest appears at the neck in red with the neck band in gold and the cap in red with a bottom horizontal band in red, no claim is made to the shape of the bottle.
The applicant, Tequila Cuervo, S.A. de C.V., a corporation of Mexico, having an address of
      Avenida Periferico Sur No. 8500
      Tlaquepaque
      Jalisco C.P.45601
      Mexico

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 033:  Tequila
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 applicant's current Attorney Information:
      Lawrence E. Abelman and Julie B. Seyler, Marie-Anne Mastrovito, Frank Terranella, Julianne Abelman of Abelman, Frayne & Schwab      666 Third Avenue
      New York, New York 10017-5621
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com (authorized)
The attorney docket/reference number is 878081.

The applicant hereby appoints Lawrence E. Abelman of Abelman, Frayne & Schwab
      666 Third Avenue
      New York New York 10017-5621
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Lawrence E. Abelman

Abelman, Frayne & Schwab

666 Third Avenue

New York, New York 10017-5621

212-949-9022(phone)

212-949-9190(fax)

docket@lawabel.com;leabelman@lawabel.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: /JA/`   Date: 03/01/2016
Signatory's Name: Julianne Abelman
Signatory's Position: Attorney for applicant, New York bar member
RAM Sale Number: 86925168
RAM Accounting Date: 03/02/2016

Serial Number: 86925168
Internet Transmission Date: Tue Mar 01 17:53:00 EST 2016
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20160301175300365
824-86925168-55023ff58d56dda84b94ec935b1
2d02b6f5666bf12ae9df199bc928e80bf5da68-C
C-4478-20160301165733691485