OJO DEL SOL

E. & J. Gallo Winery

Application Filed: 2019-01-31
Trademark Application Details
Trademark Logo OJO DEL SOL

The mark consists of a three dimensional configuration of a clear glass bottle, upon which there are two labels placed. There is a rectangular label covering most of the front of the bottle, with the words "OJO DEL SOL" in blue capital letters stacked in the middle and with the blue wording "DEL" containing light blue hyphens on either side of it. The wording "OJO" and "SOL" have light blue shadowing. The very top and very bottom of the label contain short cuts in the paper of the label, and the sides of the label are straight. At the top of the label there is a winking, smiling yellow sun with greenish-brown rays that have light blue designs trimmed in blue filling the inside of the rays. The sun has blue facial features and two greenish-brown curlicues on its cheeks. The top half of the sun sits on a five-pointed, dark pink semi-circle with orange colored designs between each of the sun's rays. The entire label contains a dark pink outline with abstract orange colored fruit slice designs and other orange colored miscellaneous designs, including two orange stylized flower designs at the bottom, and the inside of the label, including where the wording is, is pale yellow. The inside of the label also contains miscellaneous greenish-brown designs, a slice of fruit that has dark pink and orange marbled flesh, white pulp around the flesh, an orange colored peel and a light blue trim. There is a light blue dash design on either side of the fruit slice. There is also a second, smaller label in the same pale yellow color that wraps around the neck of the bottle, containing a stylized image of a blue and light blue marbled flower in the front. Around the back of the bottle is a circular image of a slice of fruit with the same dark pink and orange marbled flesh as the other fruit slice, white pulp around the flesh, and a circle trimmed in light orange. A series of straight blue lines surround the circular fruit slice, and miscellaneous greenish-brown dots and greenish-brown curlicues appear around the rest of the smaller label. There is a brown wooden cap at the top of the bottle. The shape of the bottle and cap are not claimed as features of the mark. These features are depicted in dotted lines for the purpose of showing the position of the mark on the goods.

Mark For: OJO DEL SOL® trademark registration is intended to cover the category of alcoholic beverages except beers. [all]

>The color(s) blue, light blue, yellow, greenish-brown, dark pink, orange, pale yellow, light orange, white, and brown is/are claimed as a feature of the mark. The mark consists of a three dimensional configuration of a clear glass bottle, upon which there are two labels placed. There is a rectangular label covering most of the front of the bottle, with the words "OJO DEL SOL" in blue capital letters stacked in the middle and with the blue wording "DEL" containing light blue hyphens on either side of it. The wording "OJO" and "SOL" have light blue shadowing. The very top and very bottom of the label contain short cuts in the paper of the label, and the sides of the label are straight. At the top of the label there is a winking, smiling yellow sun with greenish-brown rays that have light blue designs trimmed in blue filling the inside of the rays. The sun has blue facial features and two greenish-brown curlicues on its cheeks. The top half of the sun sits on a five-pointed, dark pink semi-circle with orange colored designs between each of the sun's rays. The entire label contains a dark pink outline with abstract orange colored fruit slice designs and other orange colored miscellaneous designs, including two orange stylized flower designs at the bottom, and the inside of the label, including where the wording is, is pale yellow. The inside of the label also contains miscellaneous greenish-brown designs, a slice of fruit that has dark pink and orange marbled flesh, white pulp around the flesh, an orange colored peel and a light blue trim. There is a light blue dash design on either side of the fruit slice. There is also a second, smaller label in the same pale yellow color that wraps around the neck of the bottle, containing a stylized image of a blue and light blue marbled flower in the front. Around the back of the bottle is a circular image of a slice of fruit with the same dark pink and orange marbled flesh as the other fruit slice, white pulp around the flesh, and a circle trimmed in light orange. A series of straight blue lines surround the circular fruit slice, and miscellaneous greenish-brown dots and greenish-brown curlicues appear around the rest of the smaller label. There is a brown wooden cap at the top of the bottle. The shape of the bottle and cap are not claimed as features of the mark. These features are depicted in dotted lines for the purpose of showing the position of the mark on the goods.

Status

2020-10-14 UTC
LIVE APPLICATION Under Examination
The trademark application has been accepted by the Office (has met the minimum filing requirements) and that this application has been assigned to an examiner.


Research OneLook Acronym Finder
Serial Number88284883
Registration Number6267254
Mark Literal ElementsOJO DEL SOL
Mark Drawing Type3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Mark TypeTRADEMARK
Standard Character ClaimNo
RegisterPRINCIPAL
Current LocationINTENT TO USE SECTION 2019-12-10
Basis1(b)
Class StatusACTIVE
Primary US Classes
  • 047: Wines
  • 049: Distilled Alcoholic Liquors
Primary International Class
  • 033 - Primary Class
  • (Wine and spirits) Alcoholic beverages (except beers).
Filed UseNo
Current UseNo
Intent To UseYes
Filed ITUYes
44D FiledNo
44E CurrentNo
66A CurrentNo
Current BasisNo
No BasisNo
Attorney NameKristi W. Whalen
Attorney Docket NumberUSNAOJ-008-e
Law Office AssignedM70
Employee NameFRUM MILONE, MARCIE R

Timeline

2019-01-31Application Filed
2019-10-15Published
2019-10-15Published for Opposition
2019-12-10Location: INTENT TO USE SECTION
2019-12-10Status: Live/Pending
2019-12-10Transaction Date
2020-05-28Status: A first request for extension of time to file a Statement of Use has been granted.
2021-02-09Trademark Registered

Trademark Parties (Applicants & Owners)

Party: E. & J. Gallo Winery
Address600 Yosemite Boulevard Modesto, CALIFORNIA UNITED STATES 95354
Legal Entity TypeCorporation
Legal Entity StateCALIFORNIA
Party: E. & J. Gallo Winery
Address600 Yosemite Boulevard Modesto CA 95354
Legal Entity Type
Legal Entity StateCA

*multiple parties listed, check assignment documents for ownership information

Design Search Codes

02.11.16Faces, smiley; Smiley faces
05.05.25Daffodils; Iris (flower); Other flowers
05.09.13Fruits (slices or quarters of)
19.09.02Bottles, jars or flasks with bulging, protruding or rounded sides; Flasks with bulging or protruding sides; Jars with bulging or protruding sides
20.03.10Alcohol bottle labels; Bottles, labels for alcohol bottles; Labels, alcohol bottles; Bottle labels; Labels for bottles
26.01.06Circles, semi; Semi
26.17.01Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.04Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
010503Sun representing a human face or an animal
021116Faces, smiley; Smiley faces
050525Daffodils; Iris (flower); Other flowers
050913Fruits (slices or quarters of)
190902Bottles, jars or flasks with bulging, protruding or rounded sides; Flasks with bulging or protruding sides; Jars with bulging or protruding sides
200310Alcohol bottle labels; Bottles, labels for alcohol bottles; Labels, alcohol bottles; Bottle labels; Labels for bottles
260106Circles, semi; Semi
261701Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
261704Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)

Attorney of Record

Kristi W. Whalen
E. & J. GALLO WINERY
600 YOSEMITE BOULEVARD
MODESTO, CA 95354

Good, Services, and Codes


IC 033. US 047 049. G & S: Alcoholic beverages except beers

International Codes:33
U.S. Codes:047,049
Type CodeType
CC0000The color(s) blue, light blue, yellow, greenish-brown, dark pink, orange, pale yellow, light orange, white, and brown is/are claimed as a feature of the mark.
CC0000The color(s) blue, light blue, yellow, greenish-brown, dark pink, orange, pale yellow, light orange, white, and brown is/are claimed as a feature of the mark.

Trademark Filing History

DescriptionDateProceeding Number
NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED2020-05-30
TEAS EXTENSION RECEIVED2020-05-28
EXTENSION 1 GRANTED2020-05-2898765
EXTENSION 1 FILED2020-05-2898765
TEAS CHANGE OF OWNER ADDRESS RECEIVED2020-02-14
APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED2020-02-1488888
TEAS CHANGE OF OWNER ADDRESS RECEIVED2020-02-13
APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED2020-02-1388888
NOA E-MAILED - SOU REQUIRED FROM APPLICANT2019-12-10
PUBLISHED FOR OPPOSITION2019-10-15
OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED2019-10-15
NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED2019-09-25
APPROVED FOR PUB - PRINCIPAL REGISTER2019-09-10
TEAS/EMAIL CORRESPONDENCE ENTERED2019-08-1970629
CORRESPONDENCE RECEIVED IN LAW OFFICE2019-08-1970629
ASSIGNED TO LIE2019-08-1570629
TEAS RESPONSE TO OFFICE ACTION RECEIVED2019-08-07
REMOVED FROM TEAS PLUS2019-04-1078373
NOTIFICATION OF NON-FINAL ACTION E-MAILED2019-04-106325
NON-FINAL ACTION WRITTEN2019-04-1078373
NON-FINAL ACTION E-MAILED2019-04-106325
ASSIGNED TO EXAMINER2019-03-2578373
NOTICE OF DESIGN SEARCH CODE E-MAILED2019-03-21
NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM2019-02-23
NEW APPLICATION ENTERED IN TRAM2019-02-04

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