Application

PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90451419

Filing Date: 01/06/2021

To the Commissioner for Trademarks:

MARK: HERRADURA (stylized and/or with design, see mark)
The literal element of the mark consists of HERRADURA. The mark consists of a horseshoe with the word "HERRADURA" imprinted on the horseshoe above small leaf-shaped decorative elements.
The applicant, Brown-Forman Corporation, a corporation of Delaware, having an address of
      850 Dixie Highway
      Louisville, Kentucky 40210
      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:  Alcoholic beverages, namely distilled spirits

In International Class 033, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/04/2009, and first used in commerce at least as early as 05/04/2009, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Digital image of a bottle of the product with the label attached clearly showing the mark..
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5705691, 5489093, 5592725, and others.


The owner's/holder's proposed attorney information: Justin P. Welch. Other appointed attorneys are Ryan Scott Osterweil. Justin P. Welch of Brown-Forman Brands, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      4040 Civic Center Drive, Suite 528
      San Rafael, California 94903
      United States
      jdpilegal@jdpi.com
The docket/reference number is TM81120619.
Justin P. Welch 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:

Justin P. Welch

PRIMARY EMAIL FOR CORRESPONDENCE: jdpilegal@jdpi.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $350 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: /Ryan Scott Osterweil/   Date: 01/06/2021
Signatory's Name: Ryan Scott Osterweil
Signatory's Position: Senior Attorney, Brown-Forman Brands, New York Bar member
Signatory's Phone Number: 415-446-5225
Signature method: Sent to third party for signature
Payment Sale Number: 90451419
Payment Accounting Date: 01/06/2021

Serial Number: 90451419
Internet Transmission Date: Wed Jan 06 18:30:37 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202101061830377548
33-90451419-76079bfd442f2cdd939973c5acce
05f9a92d081b035f3a8a23460641b8376334f23-
DA-30376112-20210105183844649632