| 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 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88248106 |
| LAW OFFICE ASSIGNED | LAW OFFICE 117 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88248106/mark.png |
| LITERAL ELEMENT | THE GOLFER CIGAR |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of The mark consists of the silhouette of a man standing in the ruff swinging a golf club to the left and to the right of the man on the ruff is the silhouette of a golf club set and to the left of the man is a starburst overlapping his left leg with a golf tee diagonally inverted and slanting to the right just to the to the left of starburst just above the ruff. To the left of the man above the starburst and golf tee is a large golf ball with uneven parallel swoosh marks extending from the man's left leg and arching slightly vertically to the left overlapping the golf ball and extending slightly past it. Centered just above the golf club is the word "CIGAR" centered and written in shadowboxed uppercase letters making the letters appear beveled and above the word cigar is the word "GOLFER" centered and written in uppercase shadowboxed letters with the letter "G" and "R" extending downward past the "OLFE" and making the word appear arched and just above and to the left of the letter "G" in Golfer is the word "THE" written in shadowboxed letters with an uppercase "T" and the rest of the letters lowercase written on an incline to the right. |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 034 |
| DESCRIPTION | Cigars |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/21/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/21/2018 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 034 |
| DESCRIPTION | Cigars |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/21/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/21/2018 |
| STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
| SPECIMEN FILE NAME(S) | |
| ORIGINAL PDF FILE | SPU0-966945201-20190517110001206114_._Specimen_of_Use_-_New_-_THE_GOLFER_Logo_-_88248106.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\481\88248106\xml6\ROA0002.JPG |
| SPECIMEN DESCRIPTION | a screenshot of the "HOME" webpage advertising the goods and showing the mark in use |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use "CIGAR" apart from the mark as shown. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Jorge Espinosa/ |
| SIGNATORY'S NAME | Jorge Espinosa |
| SIGNATORY'S POSITION | Attorney of Record, Espinosa Martinez PL, Florida bar member |
| SIGNATORY'S PHONE NUMBER | (305) 854-0900 |
| DATE SIGNED | 05/17/2019 |
| RESPONSE SIGNATURE | /Jorge Espinosa / |
| SIGNATORY'S NAME | Jorge Espinosa |
| SIGNATORY'S POSITION | Attorney of record, Florida bar. |
| SIGNATORY'S PHONE NUMBER | 3058540900 |
| DATE SIGNED | 05/20/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon May 20 15:13:42 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.XXX-20 190520151342232617-882481 06-62020103cc8fef44a743e5 29ef57617564af15e1e8ef7d9 62a3e038bb67e13c-N/A-N/A- 20190517110001206114 |
| 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 09/20/2020) |
DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage 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. 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.
