Response to Office Action

JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA

Tequila Cuervo, S.A. de C.V.

Response to Office Action

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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86925168
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION
MARK FILE NAME http://tmng-al.gov.uspto.report/resting2/api/img/86925168/large
LITERAL ELEMENT JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) gold, red, black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
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.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "ESPECIAL" and "TEQUILA" and "the gold color of the liquid in the bottle" apart from the mark as shown.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a bottle filled with gold-colored liquid, a gold label outlined in gold and red appears on the front of the bottle, the wording "JOSE CUERVO ESPECIAL" appears in black letters on the label, the signature JOSE CUERVO appears in red cursive letters behind the wording, seven coins in gold appears above the label, a red seal 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 appears at the bottom of the label, the same crest appears at the neck in red on a gold neck band in gold, the cap of the bottle is red, a red band appears across the bottom of the bottle, the matter shown in broken lines is not part of the mark and serves only to show the position or placement of the mark on the packaging for the goods.
TRANSLATION The English translation of "CUERVO" "ESPECIAL" and "FABRICA LA ROJENA" in the mark is "CROW or RAVEN" "SPECIAL" and "THE ROJENA FACTORY".
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
SIGNATURE SECTION
RESPONSE SIGNATURE /asm/
SIGNATORY'S NAME Arrielle Millstein
SIGNATORY'S POSITION Associate Attorney, Abelman, Frayne & Schwab, New York Bar Member
SIGNATORY'S PHONE NUMBER 2129499022
DATE SIGNED 05/03/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue May 03 11:50:01 EDT 2016
TEAS STAMP USPTO/ROA-XXX.XX.XX.XX-20
160503115001136608-869251
68-550979922d53113251a9a7
6772019b9cb9e26ce2654b226
fd65517f9087756cee93-N/A-
N/A-20160503114236108220



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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86925168 JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86925168/large) has been amended as follows:

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "ESPECIAL" and "TEQUILA" and "the gold color of the liquid in the bottle" apart from the mark as shown.


Description of mark
The mark consists of a bottle filled with gold-colored liquid, a gold label outlined in gold and red appears on the front of the bottle, the wording "JOSE CUERVO ESPECIAL" appears in black letters on the label, the signature JOSE CUERVO appears in red cursive letters behind the wording, seven coins in gold appears above the label, a red seal 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 appears at the bottom of the label, the same crest appears at the neck in red on a gold neck band in gold, the cap of the bottle is red, a red band appears across the bottom of the bottle, the matter shown in broken lines is not part of the mark and serves only to show the position or placement of the mark on the packaging for the goods.

Translation
The English translation of "CUERVO" "ESPECIAL" and "FABRICA LA ROJENA" in the mark is "CROW or RAVEN" "SPECIAL" and "THE ROJENA FACTORY".


Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


SIGNATURE(S)
Response Signature
Signature: /asm/     Date: 05/03/2016
Signatory's Name: Arrielle Millstein
Signatory's Position: Associate Attorney, Abelman, Frayne & Schwab, New York Bar Member

Signatory's Phone Number: 2129499022

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 86925168
Internet Transmission Date: Tue May 03 11:50:01 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20160503115001136
608-86925168-550979922d53113251a9a767720
19b9cb9e26ce2654b226fd65517f9087756cee93
-N/A-N/A-20160503114236108220



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