Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90175049 JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9017504 9/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9017504 9/large)
Proposed: JOSE CUERVO JOSE CUERVO ESPECIAL FABRICA LA ROJENA TEQUILA (Stylized and/or with Design, see mark)
The color(s) GOLD, BLACK AND 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.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

An amended drawing of the mark is attached. The word TEQUILA has been removed from the drawing and therefore Applicant's requests withdrawal of the citation to Reg. No. 5225126. The owner of the instant application has merged with the owner of the cited registrations. The merger will be recorded soon.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ESPECIAL apart from the mark as shown.

Correspondence Information (current):
      Julianne Abelman
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mamastrovito@lawabel.com; cbasile@lawabel.com

The docket/reference number is 880414.
Correspondence Information (proposed):
      Julianne Abelman
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mamastrovito@lawabel.com; cbasile@lawabel.com

The docket/reference number is 880414.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /MAMastrovito/     Date: 11/15/2021
Signatory's Name: Marie Anne Mastrovito
Signatory's Position: Attorney

Signatory's Phone Number: (212) 949-9022 ext 148 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Julianne Abelman
   ABELMAN, FRAYNE & SCHWAB
   10TH FLOOR
   666 THIRD AVENUE
   NEW YORK, New York 10017
Mailing Address:    Julianne Abelman
   ABELMAN, FRAYNE & SCHWAB
   10TH FLOOR
   666 THIRD AVENUE
   NEW YORK, New York 10017
        
Serial Number: 90175049
Internet Transmission Date: Mon Nov 15 17:52:20 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20211115175220218
915-90175049-78189d3ef28ff8aceec1033a6c1
79b6d64222aa33a4d6cf249fc7a8ca2f59c3-N/A
-N/A-20211115174424025256