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: 90021355

Filing Date: 06/25/020

To the Commissioner for Trademarks:

MARK: DELICIOSA FRUCTI SODA REFRESCANTE (stylized and/or with design, see mark)
The literal element of the mark consists of DELICIOSA FRUCTI SODA REFRESCANTE. The applicant is not claiming color as a feature of the mark. The mark consists of a shield emblem containing the word "DELICIOSA..." in stylized uppercase letters and the face of a cat wearing a hat, both at the upper section of the emblem. The word "FRUCTI" in stylized letters, where the diacritic in letter "I" is depicted as a bang bubble, above the word "SODA" inside an oval circle followed by 4 horizontal lines, all positioned diagonally at the center of the emblem. And six solid dots and the word "REFRESCANTE" in stylized uppercase letters in the lower section of the shield emblem.
The applicant, Germán Alexis Calvache Velasco, a citizen of Ecuador, having an address of
      Ciudadela Loren, Ficoa Atocha
      Las Nueces 0122 y Los Taxos
      Ambato 180158
      Ecuador
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Mineral water; Soft drinks
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 Ecuador registration number 993-15, and/or proof of renewal, registered 02/28/2015 with a renewal date of __________ and an expiration date of 01/09/2025, and translation thereof, if appropriate.

Original PDF file:
reg-20117225314-143947773_._Registration_Certificate_FRUCTISODA.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
reg-1-26016029603eb2024c3ba8a1d4a8025-180853997_._T_tulo_de_registro_993-15.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1




Disclaimer
No claim is made to the exclusive right to use "SODA" apart from the mark as shown.

Translation
The English translation of "DELICIOSA and REFRESCANTE" in the mark is "DELICIOUS and REFRESHING".


The owner's/holder's proposed attorney information: Angel Miguel Munoz, Esq.. Angel Miguel Munoz, Esq. of Munoz-Lopez & Associates PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      40 Wall Streeet, FL 28
      New York, New York 10005
      United States
      646-512-5847(phone)
      miguel@munoz-lopez.com
The docket/reference number is VCP2001.
Angel Miguel Munoz, Esq. 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:

Angel Miguel Munoz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: miguel@munoz-lopez.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@munoz-lopez.com; victoria@munoz-lopez.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 $225 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: /AMM/   Date: 06/25/2020
Signatory's Name: Angel Miguel Munoz, Esq.
Signatory's Position: Attorney of Record, NY State Bar Member
Signatory's Phone Number: 646-512-5847
Payment Sale Number: 90021355
Payment Accounting Date: 06/25/2020

Serial Number: 90021355
Internet Transmission Date: Thu Jun 25 19:10:38 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20200625191038
308298-90021355-710d7385e93e072c4291a0ce
22ca846cf69b85a627191fd762f85ea55ce557ad
e-CC-10369269-20200625184736040079