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: 88348289

Filing Date: 03/20/2019

To the Commissioner for Trademarks:

MARK: MARTINI RACING CICLISMO MARTINI (stylized and/or with design, see mark)

The mark in your application is MARTINI RACING CICLISMO MARTINI.
The color(s) dark blue, light blue, black, white and red is/are claimed as a feature of the mark. The mark consists of a dark blue triangle with a light blue border and horizontal light blue stripes in the upper half, with the word MARTINI in white above a red stripe, with the word RACING in white below the red stripe, the word CICLISMO curved in the center of the triangle, the word CICLISMO in light blue with a red stripe in the center of each letter, and the word MARTINI through the middle of a red disc at the bottom, the word MARTINI at the bottom in white letters against a black background.
The applicant, BACARDI & COMPANY LIMITED, a corporation of Liechtenstein, having an address of
      AEULESTRASSE 5
      VADUZ 9490
      Liechtenstein

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)).

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Educational services, namely, conducting camps, seminars, workshops and conferences in the field of cycling and racing and distribution of training material in connection therewith; Entertainment in the nature of competitions in the field of cycling and racing; Organizing community sporting and cultural events; Physical fitness conditioning classes; Physical fitness training of individuals and groups; Physical fitness training services; Providing facilities for sports and cycling training; Providing a website featuring entertainment information; Sports training services; Sports training services in the field of cycling and racing; Providing personal fitness training for cycling and racing
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)).



Translation
The English translation of CICLISMO in the mark is CYCLING.


The applicant's current Attorney Information:
      JOHN P. MURTAUGH of PEARNE & GORDON LLP      1801 EAST 9TH STREET, SUITE 1200
      CLEVELAND, Ohio 44114-3108
      United States
      216-579-1700(phone)
      216-579-6073(fax)
      tmdocket@pearne.com (authorized)
The attorney docket/reference number is SKP4-60650.

The applicant hereby appoints JOHN P. MURTAUGH of PEARNE & GORDON LLP
      1801 EAST 9TH STREET, SUITE 1200
      CLEVELAND Ohio 44114-3108
      United States
      216-579-1700(phone)
      216-579-6073(fax)
      tmdocket@pearne.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

JOHN P. MURTAUGH

PEARNE & GORDON LLP

1801 EAST 9TH STREET, SUITE 1200

CLEVELAND, Ohio 44114-3108

216-579-1700(phone)

216-579-6073(fax)

tmdocket@pearne.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 $450 has been submitted with the application, representing payment for 2 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: /johnpmurtaugh/   Date: 03/20/2019
Signatory's Name: JOHN P. MURTAUGH
Signatory's Position: ATTORNEY OF RECORD, OHIO BAR MEMBER
Signatory's Phone Number: 216-579-1700
Payment Sale Number: 88348289
Payment Accounting Date: 03/20/2019

Serial Number: 88348289
Internet Transmission Date: Wed Mar 20 12:17:46 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20190320121746
077855-88348289-6206d7a205c646a8322acf9a
d437ea587732fd4e4d475fce62e2774380b97e6c
c-DA-11100-20190319184740097764