Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: SEPARATE AMONG EQUALS(Standard Characters, see http://uspto.report/TM/88230050/mark.png)
SERIAL NUMBER: 88230050



The applicant, E. & J. Gallo Winery, having an address of
      600 Yosemite Boulevard
      Modesto, California 95354
      United States
is submitting the following allegation of use information:

For International Class 033:
Current identification: Alcoholic beverages except beers

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/19/2018, and first used in commerce at least as early as 04/19/2018, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digital photograph of a bottle.

Original PDF file:
SPN0-208292502-20191204175557177086_._SEPARATE_AMONG_EQUALS_bottle_shot.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Kristi W. Whalen. Kristi W. Whalen of E. & J. GALLO WINERY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      United States
The docket/reference number is USNAQE-001-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

The applicants proposed attorney information: Kristi W. Whalen. Kristi W. Whalen of E. & J. GALLO WINERY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      United States
The docket/reference number is USNAEX-006-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

Kristi W. Whalen submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: KRISTI W. WHALEN. KRISTI W. WHALEN of E. & J. GALLO WINERY, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      United States
The docket/reference number is USNAQE-001-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

The applicants proposed correspondence information: KRISTI W. WHALEN. KRISTI W. WHALEN of E. & J. GALLO WINERY, is located at

      600 YOSEMITE BOULEVARD
      MODESTO, California 95354
      United States
The docket/reference number is USNAEX-006-e.

The phone number is 209-341-6349.

The email address is tm.group@ejgallo.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /js/      Date Signed: 12/04/2019
Signatory's Name: Jamie Samano
Signatory's Position: Manager - Trademark

Mailing Address:
   E. & J. GALLO WINERY
   
   600 YOSEMITE BOULEVARD
   MODESTO, California 95354

RAM Sale Number: 88230050
RAM Accounting Date: 12/04/2019

Serial Number: 88230050
Internet Transmission Date: Wed Dec 04 19:49:39 EST 2019
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.X-20191204194939654
012-88230050-70087ec20aae2cc7e902db13209
2a99df1668398058c00251f6b43e42e1245b7-CC
-49383952-20191204175557177086