Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90657194

Filing Date: 04/20/2021

To the Commissioner for Trademarks:

MARK: X BY GLENMORANGIE (stylized and/or with design, see mark)
The literal element of the mark consists of X BY GLENMORANGIE. The color(s) white, orange, blue, green, pink, and yellow is/are claimed as a feature of the mark. The mark consists of a two-dimensional design of a transparent bottle. There is white foil on the neck of the bottle and there is white foil on the cap of the bottle with an orange stripe at the top. The white foil on the neck of the bottle features the words "X BY GLENMORANGIE" in orange font with the letter "X" appearing above the word "BY" and the word "GLENMORANGIE" appearing below the word "BY." The word "BY" appears in a smaller font than the letter "X" and the word "GLENMORANGIE" and the letter "X" appears in a larger font than the word "GLENMORANGIE." On the front of the bottle is a white rectangular label depicting a large letter "X" with a smaller letter "X" appearing in the center of the larger letter "X." The larger letter "X" appears in blue, green, pink, and yellow, with the left and right edges appearing to be shadowed. The smaller letter "X" appears in white. Below the larger letter "X" appears the word "BY" in small orange font and below the word "BY" appears the word "GLENMORANGIE" in larger orange font. The bottle appears to be filled almost to the bottom of the foil with an orange liquid, and there is a space in the bottle between the top of the liquid and the bottom of the foil that appears to be empty.
The applicant, Macdonald & Muir Limited, a company organized under the laws of United Kingdom, having an address of
      The Cube
      45 Leith Street
      Edinburgh EH13AT
      United Kingdom
      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:  Whisky and whisky-based liqueurs, namely, Scotch whisky and Scotch whisky-based liqueurs produced in Scotland; wines; spirits other than whisky
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.




The owner's/holder's proposed attorney information: Robert A. Becker. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Charles T.J. Weigell, Ashford Tucker, Tamar Niv Bessinger. Robert A. Becker of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      151 West 42nd St., 17th Fl.
      New York, New York 10036
      United States
      212-813-5900(phone)
      212-813-5901(fax)
      becker-docket@fzlz.com
The docket/reference number is ARDB 2105715.
Robert A. Becker 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:

Robert A. Becker

PRIMARY EMAIL FOR CORRESPONDENCE: becker-docket@fzlz.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: /bk/   Date: 04/20/2021
Signatory's Name: Barbara Kuta
Signatory's Position: IP Counsel Trademarks
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90657194
Payment Accounting Date: 04/20/2021

Serial Number: 90657194
Internet Transmission Date: Tue Apr 20 10:51:13 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021042010511338
6888-90657194-77044955f8c8e356caa4e0f9f2
51687192d979b05ded1af39e5483652a3cf933-D
A-51131279-20210419110236909833