TEAS Plus New Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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.

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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.

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 90463525

Filing Date: 01/13/2021

To the Commissioner for Trademarks:

MARK: TINTO NEGRO LIMESTONE BLOCK (stylized and/or with design, see mark)
The literal element of the mark consists of TINTO NEGRO LIMESTONE BLOCK. The color(s) beige, brown, black, and white is/are claimed as a feature of the mark. The mark consists of a large rectangle consisting of small brown dots. Within and near the top of that rectangle is a short, vertical black dotted line. In the center of the rectangle are the words "Tint" and "Negr" in stylized black and brown letters with black shadowing, both words sharing a large letter "O", also in black and brown stylized font with black shadowing. Below the wording are two stylized swirl designs in black followed by a white and brown banner style ribbon directly underneath featuring the words "Limestone Block" in black stylized letters. Two slanted dotted lines in black are seen underneath the ribbon. Below and to the right of that is a hand slanted downward with a finger pointing. All of the above design elements lie on a beige background. The stippling appearing in the drawing is a feature of the mark.
The applicant, 55 Malbec SA, a sociedad anonima (sa) legally organized under the laws of Argentina, having an address of
      Larrea 723 Chacras de Coria
      Lujan de Cuyo, Mendoza 5505
      Argentina
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 033:  Wines

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 033, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2018, and first used in commerce at least as early as 01/01/2018, 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) Photos of the product with the mark shown clearly thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided



Disclaimer
No claim is made to the exclusive right to use "TINTO" and "LIMESTONE BLOCK" apart from the mark as shown.

Stippling as a feature of the mark
The stippling is a feature of the mark and does not indicate color.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5495031, 4670710, and 4338070.

Translation
The English translation of "TINTO" and "NEGRO" in the mark is "RED" and "BLACK".


The owner's/holder's proposed attorney information: Justin R. Young. Other appointed attorneys are Laurel V. Dineff; R. Peter Spies. Justin R. Young of Dineff Trademark Law Limited, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      160 North Wacker Drive
      Chicago, Illinois 60606
      United States
      312-338-1000(phone)
      312-338-1500(fax)
      jyoung@dineff.com
The docket/reference number is TM10251US33.
Justin R. Young 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 Justin R. Young of Dineff Trademark Law Limited
      160 North Wacker Drive
      Chicago Illinois 60606
      United States
      312-338-1000(phone)
      312-338-1500(fax)
      jyoung@dineff.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:

Justin R. Young

PRIMARY EMAIL FOR CORRESPONDENCE: jyoung@dineff.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmlaw@dineff.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 $250 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: /justinryoung/   Date: 01/13/2021
Signatory's Name: Justin R. Young
Signatory's Position: Attorney for applicant, New York Bar member
Signatory's Phone Number: 312-338-1000
Signature method: Signed directly within the form
Payment Sale Number: 90463525
Payment Accounting Date: 01/13/2021

Serial Number: 90463525
Internet Transmission Date: Wed Jan 13 13:17:32 ET 2021
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202101131317320
11624-90463525-76075752312132288dc36a990
67dc0badcc8419b2ae5180ae66e4ff30654442-C
C-17305134-20210113125712901277