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: 90567672

Filing Date: 03/09/2021

To the Commissioner for Trademarks:

MARK: ES (stylized and/or with design, see mark)
The literal element of the mark consists of ES. The applicant is not claiming color as a feature of the mark. The mark consists of the letters "ES" enclosed in an oval with two outlines, the inner outline being thicker than the outer outline; to the left of the letters "ES" is a smaller circle containing three horizontal stripes; to the right of the letters "ES" is a smaller circle containing a shaded image of the country Spain.
The applicant, E. & J. Gallo Winery, a corporation of California, having an address of
      600 Yosemite Boulevard
      Modesto, California 95354
      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, except beers, the foregoing goods produced in Spain.

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 08/01/2020, and first used in commerce at least as early as 08/01/2020, 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) A digital image of the product..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



Disclaimer
No claim is made to the exclusive right to use "ES" apart from the mark as shown.


The owner's/holder's proposed attorney information: Kristi W. Whalen. Kristi W. Whalen of E. & J. Gallo Winery, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      600 Yosemite Boulevard
      Modesto, California 95354
      United States
      209-341-6349(phone)
      tm.group@ejgallo.com
The docket/reference number is USNALU-038-e.
Kristi W. Whalen 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:

Kristi W. Whalen

PRIMARY EMAIL FOR CORRESPONDENCE: tm.group@ejgallo.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: /js/   Date: 03/08/2021
Signatory's Name: Jamie Samano
Signatory's Position: Manager - Trademark
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90567672
Payment Accounting Date: 03/09/2021

Serial Number: 90567672
Internet Transmission Date: Tue Mar 09 12:20:02 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20210309122002846
069-90567672-7708afe9b211989224ba4df9029
95829dbce73ea37b47b9f79d5adbcedcbb46c-CC
-20010583-20210308201319318232