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: 90284866

Filing Date: 10/28/2020

To the Commissioner for Trademarks:

MARK: LA MONJITA (stylized and/or with design, see mark)
The literal element of the mark consists of LA MONJITA. The applicant is not claiming color as a feature of the mark. The mark consists of WORDING "LA MONJITA" WITH TWO ARCHES WITH SMALL CROSS ON TOP OF EACH ARCH.
The applicant, Juan Carlos Prieto Gómez, a citizen of Mexico, having an address of
      Camino al Pedregal, Ext. LT-2, Int. A,
      Colonia Ex Hacienda El Pedregal,
      Atizapán de Zaragoza 52948
      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 030:  Milk chocolate; Hot chocolate; Drinking chocolate; Chocolate beverages; Milk chocolates; Chocolate-based beverages; Chocolate based drinks; Drinks containing chocolate; Beverages containing chocolate; Drinks flavored with chocolate; Beverages made with chocolate; Beverages made from chocolate; Chocolate beverages containing milk; Chocolate-based beverages with milk; Beverages with a chocolate base; Beverages consisting principally of chocolate; Chocolate bark containing ground coffee beans; Chocolate drink preparations flavored with mocha coffee; Preparations for making chocolate based beverages; Ice beverages with a chocolate base; Chocolate essences for the preparation of beverages; Chocolate extracts for the preparation of beverages; Chocolate food beverages not being dairy-based or vegetable based; Chocolate; Coffee; Coffee mixtures; Coffee beverages; Flavored coffee; Iced coffee; Coffee bags; Unroasted coffee; Chocolate coffee; Coffee substitutes; Coffee drinks; Coffee based drinks; Coffee based beverages; Caffeine-free coffee; Ground coffee beans; Roasted coffee beans; Freeze-dried coffee; Coffee in ground form; Coffee in brewed form; Beverages made from coffee; Beverages made of coffee; Beverages with coffee base; Beverages with a coffee base; Coffee in whole-bean form; Coffee-based beverage containing milk; Coffee substitutes, grain or chicory based; tea; tea mixtures; iced tea; tea extracts; herbal teas; fruit teas; tea-based beverages; theine-free tea; non-medicated tea; herb tea infusions; tea flavorings; tea mix powders; non-medicated tea essence; iced tea mix powders; beverages with a tea base; preparations for making tea based beverages; non-medicated tisanes made of tea; instant tea other than for medical purposes.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4509149.

Translation
The English translation of LA MONJITA in the mark is THE NUN.

Significance of wording, letter(s), or numeral(s)
LA MONJITA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.

Stippling for shading
The stippling is for shading purposes only.


The owner's/holder's proposed attorney information: Dayro Alfonso Estevez. Dayro Alfonso Estevez of ALFONSO ESTEVEZ, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      2300 W 84 St., Suite 314
      Hialeah, Florida 33016
      United States
      786-712-7653(phone)
      dayro@alfonsoestevez.net

Dayro Alfonso Estevez 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:

Dayro Alfonso Estevez

PRIMARY EMAIL FOR CORRESPONDENCE: dayro@alfonsoestevez.net        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@alfonsoestevez.net 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: /dae/   Date: 10/28/2020
Signatory's Name: Dayro Alfonso Estevez
Signatory's Position: Attorney of record, Texas member
Payment Sale Number: 90284866
Payment Accounting Date: 10/28/2020

Serial Number: 90284866
Internet Transmission Date: Wed Oct 28 16:47:41 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XX:XXXX-20201028164741660066-90284866-75
029d783a6c38b2c6fedd33337c116a585e5f4c44
c92cba7c572d5e8e04250a3-CC-47403690-2020
1028153740554995