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: 88284883

Filing Date: 01/31/2019

To the Commissioner for Trademarks:

MARK: OJO DEL SOL (stylized and/or with design, see mark)

The mark in your application is OJO DEL SOL.
The color(s) blue, yellow, green, dark pink, pale yellow, orange is/are claimed as a feature of the mark. The mark consists of a three dimensional image of a 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 capital letters, and in blue, stacked in the middle and with the word DEL containing blue hyphens on either side of it. The bottom and top of the label contain short cuts at the edges, and the sides of the label are straight. At the top of the label there is a yellow and green winking smiling sun, and the top half of the sun sits on a 5 pointed dark pink semi-circle. The entire label is outlined in the same dark pink, and the inside of the label is a pale yellow. There are fanciful images on the label, including a half a slice of dark pink fruit, a few curlicues, and two stylized images of orange flowers at the bottom of the label. There is also a pale yellow label that wraps around the neck of the bottle, containing a stylized image of a blue flower in the front and a circular image of a slice of dark pink fruit surrounded by blue vertical lines in the back. The dotted lines around the bottle and the cap indicate placement of the mark on the bottle and are not part of the mark.
The applicant, E. & J. Gallo Winery, a corporation of California, having an address of
      600 Yosemite Boulevard
      Modesto, California 95354
      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 033:  Alcoholic beverages except beers
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section 1051(b)).




The applicant's current Attorney Information:
      Kristi W. Whalen of E. & J. Gallo Winery      600 Yosemite Boulevard
      Modesto, California 95354
      United States
      209-341-6349(phone)
      tm.group@ejgallo.com (authorized)
The attorney docket/reference number is USNAOJ-008-e.

The applicant's current Correspondence Information:

Kristi W. Whalen

E. & J. Gallo Winery

600 Yosemite Boulevard

Modesto, California 95354

209-341-6349(phone)

tm.group@ejgallo.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 $225 has been submitted with the application, representing payment for 1 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: /bw/   Date: 01/31/2019
Signatory's Name: Britt West
Signatory's Position: Vice President- Marketing
Payment Sale Number: 88284883
Payment Accounting Date: 02/01/2019

Serial Number: 88284883
Internet Transmission Date: Thu Jan 31 18:33:09 EST 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.X-20190131183309746
002-88284883-6206ef24a57ae95ed56ac87c25c
ed4d17a3a9b7e8ffac4b814e35d9e9b7e3e7a13-
CC-5837-20190131181348721932