Application

PTO- 1478

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

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

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PTO- 1478

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

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

Trademark/Service Mark Application, Principal Register

Serial Number: 90530365

Filing Date: 02/16/2021

To the Commissioner for Trademarks:

MARK: PAGRAXXIA 80 DE LA TIERRA TOMARE MI FUERZA Y A LA TIERRA DE LA REGRESARE MDJDLB JFBV MEXICO JOSE CUERVO TEQUILA EXTRA ANEJO (stylized and/or with design, see mark)
The literal element of the mark consists of PAGRAXXIA 80 DE LA TIERRA TOMARE MI FUERZA Y A LA TIERRA DE LA REGRESARE MDJDLB JFBV MEXICO JOSE CUERVO TEQUILA EXTRA ANEJO. The mark consists of a design carved into wood and includes a large tree design surrounded by flowers and leaves; a sun design with a face; a guitar; a bird; a woman and a man; a design of a globe; an agave plant; a horse; a tennis racket; a trumpet; and a castle. There is a horizontal banner in the upper third of the design with the words "DE LA TIERRA TOMARÉ MI FUERZA Y A LA TIERRA DE LA REGRESARÉ"; in the center of the tree is the number "80"; to the left of the number 80 is a design of a woman with a banner across the bottom of her dress with the letters "MDJDLB"; to the right of the number 80 is a design of a man with a banner across the bottom of his legs with the letters "JFBV"; below which is another banner in the center with the word "PAGRAXXIA" with a stylized double X formed from a large X and a smaller "x" interconnected with the large X; below which is another banner with the word "MÉXICO"; above a rectangle containing the words "JOSE CUERVO" in script above the words "TEQUILA EXTRA ANEJO".
The applicant, TEQUILA CUERVO, S.A. DE C.V., a corporation of Mexico, having an address of
      Avenida Periferico Sur No. 8500
      Tlaquepaque
      Jalisco C.P.45609
      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 033:  Alcoholic beverages except beers; distilled blue agave liquor
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.



Disclaimer
No claim is made to the exclusive right to use "MEXICO"; and "TEQUILA EXTRA ANEJO" apart from the mark as shown.

Miscellaneous Statement
The words "DE LA TIERRA TOMARÉ MI FUERZA Y A LA TIERRA DE LA REGRESARÉ" translate from Spanish to English to: FROM THE EARTH I WILL TAKE MY STRENGTH AND TO THE EARTH I WILL RETURN. The word PAGRAXXIA is a coined term and has no meaning in any language and no significance to the goods. The name JOSE CUERVO is not the name of a living individual.


The owner's/holder's proposed attorney information: Julianne Abelman. Other appointed attorneys are Lawrence E. Abelman, Marie Anne Mastrovito, Erica Halstead, John Miranda. Julianne Abelman of Abelman, Frayne & Schwab, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10th Floor
      666 Third Avenue
      New York, New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com
The docket/reference number is 880526.
Julianne Abelman 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 Julianne Abelman of Abelman, Frayne & Schwab
      666 Third Avenue
      10th Floor
      New York New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.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:

Julianne Abelman

PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): leabelman@lawabel.com; cbasile@lawabel.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 $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: /JA/   Date: 02/16/2021
Signatory's Name: Abelman, Julianne
Signatory's Position: Attorney for Owner, New York Bar member No. 2197036 (1988)
Signatory's Phone Number: 212-949-9022 x168
Signature method: Sent to third party for signature
Payment Sale Number: 90530365
Payment Accounting Date: 02/16/2021

Serial Number: 90530365
Internet Transmission Date: Tue Feb 16 13:45:35 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210216134535487
343-90530365-770915da8bee9241d3cd020142d
88abba9a71dcd014b28d65fc7e30d4d5d86caf6-
CC-45340071-20210216130048096833