TEAS Plus 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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 88214208

Filing Date: 12/03/2018

To the Commissioner for Trademarks:

MARK: MONTALUCE (Standard Characters, see mark)
The mark in your application is MONTALUCE.


The applicant, Montaluce Estate & Winery, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      PO Box 12429
      Atlanta, Georgia 30355
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 018:  Wine bags with handles for carrying or holding wine

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 018, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/05/2008, and first used in commerce at least as early as 04/05/2008, 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) photograph of goods.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 021:  Wine glasses; Wine openers

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/05/2008, and first used in commerce at least as early as 04/05/2008, 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) photograph of goods.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Shirts

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/05/2008, and first used in commerce at least as early as 04/05/2008, 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) photograph of shirt.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 033:  Wine

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 033, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/05/2008, and first used in commerce at least as early as 04/05/2008, 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) photograph of label for goods.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 035:  Providing facilities for business meetings

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/05/2008, and first used in commerce at least as early as 04/05/2008, 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) web page advertising services.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Conducting guided tours of a winery; Entertainment services, namely, wine tastings

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/05/2008, and first used in commerce at least as early as 04/05/2008, 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) web page advertising services.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 043:  Rental of banquet and social function facilities for special occasions, namely, weddings and rehearsal dinners; Restaurant services

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 043, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/11/2009, and first used in commerce at least as early as 08/11/2009, 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) web page advertising services.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 045:  Providing facilities for wedding ceremonies

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 045, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/00/2009, and first used in commerce at least as early as 08/00/2009, 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) web page advertising services.
Specimen File1


Translation
The English translation of MONTALUCE in the mark is covering light.

Miscellaneous Statement
Pursuant to Google Translate, the English translation from Italian of "monta" is "covering" and "luce" is "light."


The applicant's current Attorney Information:
      Charles G. Zug and Mark C. Dukes, John C. McElwaine, Craig N. Killen, Christopher D. Casavale, Lauren G. Hunstad, Susan S. Jackson, Robert H. McWilliams, Jr. of Nelson Mullins Riley & Scarborough LLP
      17th Floor
      1320 Main Street
      Columbia, South Carolina 29201
      United States
      803-799-2000(phone)
      803-255-9831(fax)
      ip@nelsonmullins.com (authorized)
The attorney docket/reference number is 054792/09000.

The applicant's current Correspondence Information:

Charles G. Zug

Nelson Mullins Riley & Scarborough LLP

23rd Floor, IP Department       301 S. College St.

Charlotte, North Carolina 28202

803-799-2000(phone)

803-255-9831(fax)

ip@nelsonmullins.com;geordie.zug@nelsonmullins.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1800 has been submitted with the application, representing payment for 8 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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.
	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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Steven Neuroth/   Date: 12/03/2018
Signatory's Name: Steven Neuroth
Signatory's Position: CFO
Payment Sale Number: 88214208
Payment Accounting Date: 12/03/2018

Serial Number: 88214208
Internet Transmission Date: Mon Dec 03 12:09:23 EST 2018
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20181203120923510
683-88214208-610edd675bab42e78b56c733645
7b4b6868b0cd94ac4b538692bfcbf2418497f6c-
DA-13135-20181119203120394567