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: 88889952

Filing Date: 04/27/020

To the Commissioner for Trademarks:

MARK: HOTEL STARLINO SELEZIONE DI DAL 1906 1 2 3 4 5 6 7 8 9 10 11 TELEF. +39 011 689 1411 TORINO ITALY MADE IN ITALIA HOTEL STARLINO 1906 (stylized and/or with design, see mark)
The literal element of the mark consists of HOTEL STARLINO SELEZIONE DI DAL 1906 1 2 3 4 5 6 7 8 9 10 11 TELEF. +39 011 689 1411 TORINO ITALY MADE IN ITALIA HOTEL STARLINO 1906. The applicant is not claiming color as a feature of the mark. The mark consists of a product packaging design affixed to a three dimensional bottle shown in multiple angles. When viewed from the front, the shoulder of the bottle contains the embossed word "ITALY" and the heel of the bottle contains the embossed word "TORINO" all in stylized capital letters. The side of the bottle has embossed hash marks going up the side of the bottle. The neck of the bottle contains a label with the design of an ornamental plate with screws in each corner surrounded by a starburst pattern comprised of lines emanating from the center above and below the plate. The starburst pattern is outlined by two curved borders. To the right and left of the central plate are two curved lines. On the left appear the words "MADE IN" and on the right appears the word "ITALIA", all in a stylized font. Vertical lines appear to the left of the words "MADE IN" and to the right of the word "ITALIA". The ends of the label depict ornate designs of grape vines and bunches of grapes, which wrap around and are visible on the back of the bottle. The top and bottom of the label have two ornate borders. The front of the bottle contains an octagonal label with outlined segments. At the center of the label appears the wording "HOTEL STARLINO" all in stylized capital letters, with shadows depicted behind the letters. The word "HOTEL" appears smaller and above the word "STARLINO". To the left and the right of the word "HOTEL" appears the wording "SELEZIONE DI" and "DAL 1906" in small letters and thin horizontal lines extend over the remainder of the word "STARLINO". Above and below this central text appears upward and downward outlined block arches which, together with an outer border, create an interior oval seal. The lines around the arches also extend across the bottom of the top arch and the top of the bottom arch and create semicircles above and below the central "HOTEL STARLINO" wording. In the top semicircle appears a stylized semicircular antique elevator floor dial comprised of eleven tear-dropped shapes fanning out from the center to represent the corresponding numbered floor. The numbers 1 through 11 appear around the tear drops. In the bottom semicircle appears the word "TELEF." and the fictitious phone number "+39 011 689 1411". Around the interior seal appear four additional outlined segments. In the bottom segment appears the word "ITALY" in a stylized font. A border connects the four outer segments, creating the inner border of the overall octagonal shape. Between the four outer segments appear ornate sketched designs. On the top left appears the design of an oak barrel surrounded by grape vines and a bunch of grapes. On the top right appears the design of a finger bell surrounded by grape vines. On the bottom left appears an ornate key with a tassel, surrounded by grape vines. To the bottom right appears a design of a bell cap baring the words "HOTEL STARLINO" and surrounded by grape vines which wrap around the surrounding borders and with a bunch of grapes appearing behind the bell cap. The label is surrounded by an ornate border and a solid border. When viewed from the back, the bottle contains a label in the shape of a door hanger. The top portion of the label includes the word "HOTEL" in small letters above the stylized word "STARLINO". At either side appear small dots. Below, the wording "NON DISTURBARE" appears in capital letters. The outer contours of the label have ornate borders. The upper portion of the inside of the back label contains two long darker rectangular segments towards the outer edges of the label. When viewed from the top, the top of the bottle stopper, which is in the distinctive shape of a door-knob, contains the word "STARLINO" in stylized capital letters. Above appears the design of a five point star and below appears the year "1906". Two dots appear on either side. The dotted lines depicting the outline of the bottle are not part of the mark and serve only to show the position of the mark on the goods.
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
      XXXX

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:  Wines, namely, vermouth and aperitif
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.




The owner's/holder's proposed attorney information: Peter Nussbaum. Other appointed attorneys are Joshua Lee, Abigail Remore, Neha Bhalani, Paula Brueckner, Anthony DiIonno. Peter Nussbaum of Chiesa Shahinian & Giantomasi PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One Boland Drive
      West Orange, New Jersey 07052
      United States
      973-530-2025(phone)
      973-530-2225(fax)
      pnussbaum@csglaw.com
The docket/reference number is 21799/6/13.
Peter Nussbaum 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's current Correspondence Information:

Peter Nussbaum

PRIMARY EMAIL FOR CORRESPONDENCE: pnussbaum@csglaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@csglaw.com; tmdocketing@csglaw.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: 04/27/2020
Signatory's Name: Elwyn Gladstone
Signatory's Position: Managing Partner
Payment Sale Number: 88889952
Payment Accounting Date: 04/27/2020

Serial Number: 88889952
Internet Transmission Date: Mon Apr 27 19:11:54 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200427191154074
858-88889952-7108bc01a46737c398e6cfd175d
60b232d2594ee5d19e20ee6c3e9491b365d228e8
-CC-11527063-20200424191458799112