TEAS RF 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

Serial Number: 88331274

Filing Date: 03/08/2019

To the Commissioner for Trademarks:

MARK: MALFY GIN QUALITÀ DISTILLATO ITALIA (stylized and/or with design, see mark)

The literal element of the mark consists of MALFY GIN QUALITÀ DISTILLATO ITALIA.
The applicant is not claiming color as a feature of the mark. The mark consists of a circular crest design composed of a thick ring and two stylized rowing oars which are arranged in opposite diagonals such that they cross at the center of the interior circle and quadrisect the interior circle into four equal triangular segments. The top segment contains a stylized depiction of a crown, the left segment contains a stylized depiction of a fish holding a lemon, the bottom segment contains a geometric design over a stylized depiction of a rowing boat, and the right segment contains a stylized depiction of a bident. Within the outer ring appear the words "MALFY GIN QUALITÀ DISTILLATO ITALIA".
The applicant, Biggar & Leith, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      10 Princeton Place
      Montclair, New Jersey 07043
      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:

       International Class 033:  Gin

In International Class 033, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/07/2016, and first used in commerce at least as early as 03/07/2016, 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) images of Applicant's goods baring the applied for trade dress and screenshot of Applicant's website showing use of the mark in connection with the sale of Applicant's goods.
Specimen File1
Specimen File2



Disclaimer
No claim is made to the exclusive right to use GIN QUALITÀ DISTILLATO ITALIA apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5167353 and 5333039.

The applicant's current Attorney Information:
      Peter Nussbaum and Joshua Lee, Abigail Remore, Neha Bhalani, Paula Brueckner of Chiesa Shahinian & Giantomasi PC      One Boland Drive
      West Orange, New Jersey 07052
      United States
      973-530-2025(phone)
      pnussbaum@csglaw.com (authorized)
The attorney docket/reference number is 21799/2/33.

The applicant's current Correspondence Information:

Peter Nussbaum

Chiesa Shahinian & Giantomasi PC

One Boland Drive

West Orange, New Jersey 07052

973-530-2025(phone)

pnussbaum@csglaw.com;trademarks@csglaw.com; tmdocketing@csglaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, 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 Reduced Fee 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 $275 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: /Elwyn Gladstone/   Date: 03/08/2019
Signatory's Name: Elwyn Gladstone
Signatory's Position: Managing Partner
Payment Sale Number: 88331274
Payment Accounting Date: 03/08/2019

Serial Number: 88331274
Internet Transmission Date: Fri Mar 08 10:58:27 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201903081058278
85447-88331274-6203d7f9984c464d6eb137b92
2f8313fc9a171392343a896c9039e02c5a3034-C
C-8438-20190307170337081541