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: 90108655

Filing Date: 08/12/2020

To the Commissioner for Trademarks:

MARK: IRELAND MACKIE & SHIREMAN TRADE MARK SHANKY'S WHIP THE MADE IN IRELAND THE ORIGINAL BLACK LIQUEUR AND WHISKEY BLEND SHANKY & SHIREMAN'S SHANKY & SHIREMAN FINE SPIRITS IRELAND ALWAYS ONE TO BUCK THE TREND (stylized and/or with design, see mark)
The literal element of the mark consists of IRELAND MACKIE & SHIREMAN TRADE MARK SHANKY'S WHIP THE MADE IN IRELAND THE ORIGINAL BLACK LIQUEUR AND WHISKEY BLEND SHANKY & SHIREMAN'S SHANKY & SHIREMAN FINE SPIRITS IRELAND ALWAYS ONE TO BUCK THE TREND. 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 "IRELAND" and the heel of the bottle contains the embossed wording "MACKIE & SHIREMAN" all in stylized capital letters. The front of the bottle contains a label. At the center of the label appears the stylized design of a man sitting in an old-fashioned two wheeled carriage being pulled by a racing ostrich, all shown in profile. The man is holding a raised whip in his left hand and is tugging on the ostrich reins with his right hand. The man has a mustache and is wearing a hat. Stroke marks are used to represent shadows below the ostrich's legs and below and behind the carriage wheels. Below the ostrich's neck appear the words "TRADE MARK" in two separate lines. Above and below the ostrich racing design appear two ribbon banners. Inside the top banner are the words "SHANKY'S WHIP" in capital letters. Inside the bottom banner are the words "MADE IN IRELAND" in capital letters. Below the bottom ribbon banner appears the words "THE ORIGINAL BLACK" in a smaller font above the words "LIQUEUR AND WHISKEY BLEND", all in capital letters. The main label is outlined by a thin outer border. In the top center section of the border appear the words "SHANKY & SHIREMAN'S" in small capital letters. When viewed from the back, the center of the bottle contains the embossed stylized design of the neck and head of an ostrich depicted in profile and facing to the left. The ostrich is holding a horseshoe in its beak. The words "SHANKY & SHIREMAN" appear under the ostrich design in all capital letters. The embossed words "FINE SPIRITS IRELAND" appears under the words "SHANKY & SHIREMAN" in all capital letters. Below the embossed design on the back of the bottle appears a square label. The words "SHANKY'S WHIP" appear curved upwards in capital letters centered at the top of the label. The words "ALWAYS ONE TO BUCK THE TREND -" appear in two lines in smaller capital letters under the words "SHANKY'S WHIP". The label is outlined by a thing outer border. Thin curved lines appear in the upper right corner and two bottom corners. A stylized design of an ostrich head and neck appear in profile looking to the right. When viewed from the bottom, the bottle contains the embossed design of the neck and head of an ostrich depicted in profile and facing to the left.. The ostrich is holding a horseshoe in its beak. The wording "SHANKY & SHIREMAN FINE SPIRITS IRELAND" appears in a circle around the ostrich design in capital letters and a stylized font. The contours of the bottle shown in dotted lines are not claimed as part of the mark but are depicted to show the placement 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:  whiskey liqueur
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 21799/13/18.
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: 08/12/2020
Signatory's Name: Elwyn Gladstone
Signatory's Position: Managing Partner
Payment Sale Number: 90108655
Payment Accounting Date: 08/12/2020

Serial Number: 90108655
Internet Transmission Date: Wed Aug 12 11:12:29 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200812111229486
361-90108655-740f74a525a4c17fc2ba626e586
aeb91594ff2669858131fd1eef782a1232e73b-C
C-12274033-20200811183959410059