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: 88613343

Filing Date: 09/11/2019

To the Commissioner for Trademarks:

MARK: ABSOLUT ELYX SINGLE ESTATE & COPPER CRAFTED FOR TRUE LUXURY VODKA ABSOLUT COUNTRY OF SWEDEN ELYX SINGLE ESTATE COPPER CRAFTED VODKA PRODUCED & BOTTLED IN ÅHUS SWEDEN IMPORTED WITH LOVE FROM ABSOLUT ELYX XXX (stylized and/or with design, see mark)
The literal element of the mark consists of ABSOLUT ELYX SINGLE ESTATE & COPPER CRAFTED FOR TRUE LUXURY VODKA ABSOLUT COUNTRY OF SWEDEN ELYX SINGLE ESTATE COPPER CRAFTED VODKA PRODUCED & BOTTLED IN ÅHUS SWEDEN IMPORTED WITH LOVE FROM ABSOLUT ELYX XXX. The color(s) copper, black and white is/are claimed as a feature of the mark. The mark consists of a bottle design with a copper colored cap at the top of the bottle that has the engraved words "ABSOLUT ELYX." The neck of the bottle is wrapped in a copper band that has the wording "SINGLE ESTATE & COPPER CRAFTED FOR TRUE LUXURY VODKA" in black. The words "FOR TRUE LUXURY" are stylized and underlined with the exception of the "Y" in LUXURY. The word "VODKA" is flanked by two black dots. The exterior of the bottle has a maze-like pattern that consists of raised narrow vertical clear shapes that surround the bottle, except for the front central area, the shoulders of the bottle and the neck and cap of the bottle. The front central area of the bottle has a white label that has a white and copper border and the interior has straight vertical and horizontal grey lines that create an interior border. At the top of the label is the word "ABSOLUT" and below that is the word "ELYX", which are both in copper and black lettering. In-between the two words are the words "country of Sweden" in stylized copper lettering. Below that, in the middle of the label, are two copper flourish scrolls facing each other with a copper dot centered above and in-between the scrolls. In-between the two scrolls are the words "SINGLE ESTATE COPPER CRAFTED VODKA" in copper lettering. Below the scrolls are the words "PRODUCED & BOTTLED IN ÅHUS, SWEDEN" in copper lettering. Below the white label is a horizontal rectangular label in copper that has the word "IMPORTED" in black that is flanked by two embossed copper horizontal lines. Below that are the words "WITH LOVE FROM ABSOLUT ELYX XXX" in black lettering. At the bottom left side and right side of the rectangular label are two more short embossed copper horizonal lines.
The applicant, The Absolut Company Aktiebolag, a corporation of Sweden, having an address of
      117 97
      Stockholm 0
      Sweden

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:  Vodka.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Sweden application number 2019/019591, filed 03/18/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of Sweden registration number 601687, and/or proof of renewal, registered 05/08/2019 with a renewal date of __________ and an expiration date of 03/18/2029, and translation thereof, if appropriate.

Original PDF file:
reg-19220325520-160235308_._ABSOLUT_ELYX_dressed_bottle_2018_2D_tk_reg_certificate.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
Original PDF file:
reg-19220325520-160235308_._ed_bottle_2D_English_translation_of_Registration_Certificate.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2




Disclaimer
No claim is made to the exclusive right to use "PRODUCED & BOTTLED IN ÅHUS, SWEDEN" and "VODKA" apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1302003, 1634299, 4438361, and others.


The applicant hereby appoints Louis S. Ederer. Other appointed attorneys are Palak Mayani Parikh and Paul C. Llewellyn. Louis S. Ederer of Arnold & Porter Kaye Scholer LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      IP DOCKETING
      601 Massachusetts Ave., NW
      Washington, District of Columbia 20001
      United States
      202-942-5000(phone)
      202.942.5999(fax)
      trademarkdocketing@arnoldporter.com (authorized).
The attorney docket/reference number is 1100502.tbd.
Louis S. Ederer submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant hereby appoints Louis S. Ederer of Arnold & Porter Kaye Scholer LLP
      601 Massachusetts Ave., NW
      IP DOCKETING
      Washington District of Columbia 20001
      United States
      202-942-5000(phone)
      202.942.5999(fax)
      trademarkdocketing@arnoldporter.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Louis S. Ederer

Arnold & Porter Kaye Scholer LLP

IP DOCKETING       601 Massachusetts Ave., NW

Washington, District of Columbia 20001

202-942-5000(phone)

202.942.5999(fax)

trademarkdocketing@arnoldporter.com; louis.ederer@arnoldporter.com; palak.mayani@arnoldporter.com; elisabeth.richards@arnoldporter.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /Palak Mayani Parikh/   Date: 09/11/2019
Signatory's Name: Palak Mayani Parikh
Signatory's Position: Attorney of Records, New York bar member
Payment Sale Number: 88613343
Payment Accounting Date: 09/11/2019

Serial Number: 88613343
Internet Transmission Date: Wed Sep 11 18:11:07 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201909111811079
55932-88613343-610bcfee9c7aaea33b7b37d66
6cd84feff8ee71d0f6ab9bcac15013c637228ceb
18-CC-11071037-20190911175449127768