TEAS Plus New 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

TEAS Plus Application

Serial Number: 90625565

Filing Date: 04/06/2021

To the Commissioner for Trademarks:

MARK: TM (stylized and/or with design, see mark)
The literal element of the mark consists of TM. The mark consists of the letter T and the letter M over the letter T with an agave design representation above the letter T.
The applicant, FPS SPIRITS, S.A.P.I. DE C.V., a corporation of Mexico, having an address of
      Paseo de los Tamarindos 90
      Torre 2 Floor 5C, Bosques de las Lomas
      Mexico City 05120
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 033:  Alcoholic beverages, except beer
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. (15 U.S.C. Section 1051(b)).

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 Mexico application number 2518591, filed 03/19/2021.
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.





The owner's/holder's proposed attorney information: Tricia L. Schulz. Other appointed attorneys are AJ Schumacher and all other attorneys of Foley & Lardner LLP. Tricia L. Schulz of Foley & Lardner 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
      Suite 5000
      150 East Gilman Street
      Madison, Wisconsin 53703
      United States
      608-257-4035 x4204(phone)
      608 258-4258(fax)
      ipdocketing@foley.com
The docket/reference number is 049746-0172.
Tricia L. Schulz 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:

Tricia L. Schulz

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrodriguez@foley.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: /JCH/   Date: 04/05/2021
Signatory's Name: Juan Carlos Hernandez
Signatory's Position: Legal Representative
Signatory's Phone Number: +525552610400
Signature method: Sent to third party for signature
Payment Sale Number: 90625565
Payment Accounting Date: 04/06/2021

Serial Number: 90625565
Internet Transmission Date: Tue Apr 06 09:05:12 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XX.XX.X-202104060905123896
38-90625565-7701d6cbdd4cdef62a05179d198d
1a5bf505481aa4ed73c162ed337d1242f3624a-C
C-05103439-20210405124323418899