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: 90022683

Filing Date: 06/26/020

To the Commissioner for Trademarks:

MARK: SINCE B 1608 BUSHMILLS THE ORIGINAL IRISH WHISKEY OLD BUSHMILLS (stylized and/or with design, see mark)
The literal element of the mark consists of SINCE B 1608 BUSHMILLS THE ORIGINAL IRISH WHISKEY OLD BUSHMILLS. The color(s) black, white, gold, gray, blue is/are claimed as a feature of the mark. The mark consists of a label formed by a vertically positioned rectangle with a rounded top side, in white; and a blue line forming an edge to the entire label; within the rounded side is a quarter circle and series of multiple small bars underneath the quarter circle; all in gold; under which is a representation of a still containing the letter B, and the words SINCE 1608 under which is a horizontal line in gold, and above which is a horizontal line in gold broken by the still device with a curved line above the still, all in gold; under which is a horizontal octagon in black with gold stripes on the top and bottom; enclosing the word BUSHMILLS in white and horizontal lines in gold above and below the word BUSHMILLS, under which are the words THE ORINGAL IRISH WHISKEY in black, with a gold horizontal line dividing the bottom portion of the label; underneath the gold line is a representation of a Distillery with a tree in front, in shades of gray; and the words OLD BUSHMILLS in white on the roof of the Distillery, at the bottom of the label is a horizontal line with a series of multiple small bars above the line; all in gold.
The applicant, The Old Bushmills Distillery Company Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      2 Distillery Road, Bushmills, Co Antrim
      Northern Ireland BT578XH
      United Kingdom
      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:  Whiskey

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 06/01/2020, and first used in commerce at least as early as 06/01/2020, 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) photograph of the mark as used on the goods.

Original PDF file:
SPE0-216759226-20200626125745438136_._BUSHMILLS_THE_ORIGINAL__SPEC_.pdf
Converted PDF file(s) (1 page)
Specimen File1



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


The owner's/holder's proposed attorney information: Julianne Abelman. Other appointed attorneys are Lawrence E. Abelman, Julie B. Seyler, Marie Anne Mastrovito, Frank Terranella, Erica Halstead. Julianne Abelman of Abelman, Frayne & Schwab, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10th Floor
      666 Third Avenue
      New York, New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com
The docket/reference number is 880288.
Julianne Abelman 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 Julianne Abelman of Abelman, Frayne & Schwab
      666 Third Avenue
      10th Floor
      New York New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.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:

Julianne Abelman

PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): fterranella@lawabel.com; cbasile@lawabel.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: /JA/   Date: 06/26/2020
Signatory's Name: Abelman, Julianne
Signatory's Position: Attorney for Owner, New York Bar member No. 2197036 (1988)
Payment Sale Number: 90022683
Payment Accounting Date: 06/26/2020

Serial Number: 90022683
Internet Transmission Date: Fri Jun 26 14:11:54 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200626141154081
171-90022683-710c0ef8284ffd1a22f5cb63dad
4fa4eb4e6a149ed61524df72b642b37494d83a5a
-CC-11527815-20200626125745438136