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: 88938032

Filing Date: 05/28/020

To the Commissioner for Trademarks:

MARK: TEXAS HONEY (Standard Characters, see mark)
The literal element of the mark consists of TEXAS HONEY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Trinity River Distillery, L.L.C., DBA Silver Star Spirits, a limited liability company legally organized under the laws of Texas, having an address of
      1734 East El Paso Street, Suite 130
      Fort Worth, Texas 76102
      United States
      817-841-2837(phone)
      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:  Distilled spirits

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 12/11/2011, and first used in commerce at least as early as 11/12/2012, 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) Digital image of bottle of distilled spirits bearing the mark.
Specimen File1


Miscellaneous Statement
The Applicant owns Registration No. 4,296,631, which was cancelled on 27 September 2019 due to Applicant's inadvertent and unintentional failure to file Section 8 and 15 Declarations.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: James E. Walton. James E. Walton of Law Offices of James E. Walton, P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1169 N. Burleson Blvd., Suite 107-328
      Burleson, Texas 76028
      United States
      817-447-9955(phone)
      817-447-9954(fax)
      jim@waltonpllc.com
The docket/reference number is 1733JW-62571.
James E. Walton 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:

James E. Walton

PRIMARY EMAIL FOR CORRESPONDENCE: jim@waltonpllc.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /jamesewaltontm/   Date: 05/28/2020
Signatory's Name: James E. Walton
Signatory's Position: Attorney of Record, Texas Bar Member
Payment Sale Number: 88938032
Payment Accounting Date: 05/28/2020

Serial Number: 88938032
Internet Transmission Date: Thu May 28 18:07:19 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202005281807199
24998-88938032-710f6f9fa6a2ec1db040378ab
7ebf1f53fdcfc92eb998aa803f4fe1254a156c-E
T-07180546-20200528175530010510