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: 90407841

Filing Date: 12/23/2020

To the Commissioner for Trademarks:

MARK: ABSOLUT SINCE 1879 L.O. SMITH ABSOLUT VODKA SWEDISH VODKA COUNTRY OF SWEDEN (stylized and/or with design, see mark)
The literal element of the mark consists of ABSOLUT SINCE 1879 L.O. SMITH ABSOLUT VODKA SWEDISH VODKA COUNTRY OF SWEDEN. The color(s) blue, grey, white and black is/are claimed as a feature of the mark. The mark consists of a two-dimensional configuration of a clear bottle with a silver cap. At the base of the pour stem of the bottle is a grey and white circular seal containing the bust of a bearded man around which is the wording "ABSOLUT SINCE 1879 L.O. SMITH" in the color grey. Below the seal and on the face of the bottle are the blue words "ABSOLUT VODKA" above the black stylized words "SWEDISH VODKA". Near the bottom of the bottle is a white rectangular label placed above the embossed words "COUNTRY OF SWEDEN".
The applicant, The Absolut Company Aktiebolag, a corporation of Sweden, having an address of
      117 97
      Stockholm 0
      Sweden
      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:  Alcoholic beverages, except beers.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Sweden application number 2020/08695, filed 12/22/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




Disclaimer
No claim is made to the exclusive right to use "VODKA," "SWEDISH VODKA," "COUNTRY OF SWEDEN" and "SINCE 1879" apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4986631, 1642971, 3353333, and others.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


The owner's/holder's proposed attorney information: Louis S. Ederer. Other appointed attorneys are Palak Mayani Parikh and Paul C. Llewellyn. Louis S. Ederer of ARNOLD & PORTER KAYE SCHOLER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      IP DOCKETING
      601 Massachusetts Ave., NW
      Washington, District of Columbia 20001
      United States
      202-942-5000(phone)
      202.942.5999(fax)
      trademarkdocketing@arnoldporter.com
The docket/reference number is 1100502.tbd.
Louis S. Ederer 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 Louis S. Ederer of ARNOLD & PORTER KAYE SCHOLER LLP
      601 Massachusetts Ave., NW
      IP DOCKETING
      Washington District of Columbia 20001
      United States
      202-942-5000(phone)
      202.942.5999(fax)
      trademarkdocketing@arnoldporter.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:

Louis S. Ederer

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocketing@arnoldporter.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): louis.ederer@arnoldporter.com; palak.mayani@arnoldporter.com; elisabeth.richards@arnoldporter.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: /Palak Mayani Parikh/   Date: 12/23/2020
Signatory's Name: Palak Mayani Parikh
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 90407841
Payment Accounting Date: 12/23/2020

Serial Number: 90407841
Internet Transmission Date: Wed Dec 23 16:27:47 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202012231627473
93285-90407841-7501b87e5a074c4753c22d411
d568edbe99e3e3fbb3e234cffe95e78b08ca9fa-
CC-27461990-20201223155129847512