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: 90175049

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA (stylized and/or with design, see mark)
The literal element of the mark consists of JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA. The color(s) gold, black, red is/are claimed as a feature of the mark. The mark consists of a gold label framed by thick darker gold lines; seven coins in gold are at the top of the label; the words "JOSE CUERVO ESPECIAL" in black stylized letters are in the center of the label with the words "JOSE CUERVO" in signature on a gold background; at the bottom of the label is a round seal in red, with the words "FABRICA LA ROJENA TEQUILA" in gold on the edge of the seal, and in the center of the seal is a crest containing a design of a raven, an agave plant and coa (agave harvesting tool) in gold.
The applicant, TEQUILA CUERVO, S.A. DE C.V., a corporation of Mexico, having an address of
      Avenida Periferico Sur No. 8500
      Tlaquepaque
      Jalisco C.P.45609
      Mexico
      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 blue agave liquor, alcoholic cocktail mixes, containing distilled blue agave liquor
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: 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 880414.
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: 09/11/2020
Signatory's Name: Abelman, Julianne
Signatory's Position: Attorney for Owner, New York Bar member No. 2197036 (1988)
Payment Sale Number: 90175049
Payment Accounting Date: 09/11/2020

Serial Number: 90175049
Internet Transmission Date: Fri Sep 11 16:30:31 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200911163031317
743-90175049-750f28511d0a2e6b495fc3e4234
2fbed7ea585b88fe4ab5f4a2e8c03a6cefc16271
-CC-30299042-20200911155719308731