Application

PTO- 1478

Approved for use through 05/31/2021. 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 05/31/2021. 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: 90739393

Filing Date: 05/27/2021

To the Commissioner for Trademarks:

MARK: MAESTRO TEQUILERO HUMITO MAESTRO TEQUILERO 100% DE AGAVE DE CAMPOS SELECTOS PRODUCCION ANUAL LIMITADA Y NUMERADA PRODUCTO CON DENOMINACION DE ORIGEN MAESTRO TEQUILERO HUMITO (stylized and/or with design, see mark)
The literal element of the mark consists of MAESTRO TEQUILERO HUMITO MAESTRO TEQUILERO 100% DE AGAVE DE CAMPOS SELECTOS PRODUCCION ANUAL LIMITADA Y NUMERADA PRODUCTO CON DENOMINACION DE ORIGEN MAESTRO TEQUILERO HUMITO. The color(s) silver, black, red, white, gold is/are claimed as a feature of the mark. The mark consists of a clear bottle with a black cap, with the embossed words "MAESTRO TEQUILERO 100% DE AGAVE DE CAMPOS SELECTOS", "PRODUCCION ANUAL", "LIMITADA Y NUMERADA", "PRODUCTO CON DENOMINACION DE ORIGEN", with a silver label appearing on the neck of the bottle with the words "MAESTRO TEQUILERO" in black, the word "HUMITO" in red and a black circle design with the words "MAESTRO TEQUILERO" in black within the circle with a representation in black of a figure drinking appearing inside the circle and two horns appearing on each side; the words "MAESTRO TEQUILERO" in white appear at the bottom within a black label outlined in silver, the word "HUMITO" appears below the label in black, a silver circle design with the words "MAESTRO TEQUILERO" appearing in gold within a red circle with a representation of a figure drinking appearing inside the circle and two horns appearing on each side in gold, all of the foregoing shown on a silver label; the matter depicted in broken lines is not claimed as a feature of the mark and serves only to show the position or placement of the mark.
The applicant, MAESTRO TEQUILERO, S.A. DE C.V., a corporation of Mexico, having an address of
      Guillermo Gonzalez Camarena#800-4th Piso
      Colonia Santa Fe, Delegacion Alvaro
      Obregon, Mexico City C.P.01210
      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 beer; distilled blue agave liquor; prepared alcoholic cocktails and mixed beverages containing distilled blue agave liquor, 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.



Disclaimer
No claim is made to the exclusive right to use "TEQUILERO", "100% DE AGAVE DE CAMPOS SELECTOS", "PRODUCCION ANUAL", "LIMITADA Y NUMERADA", AND "PRODUCTO CON DENOMINACION DE ORIGEN" apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5171772.

Miscellaneous Statement
The English translation of "MAESTRO TEQUILERO 100% AGAVE DE CAMPOS SELECTOS PRODUCCION ANUAL LIMITADA Y NUMERADA PRODUCTOS CON DENOMINACION DE ORIGEN" and "HUMITO" in the mark is "MASTER TEQUILA MAKER 100% AGAVE FROM SELECT FIELDS ANNUAL PRODUCTION LIMITED AND NUMBERED PRODUCT WITH DENOMINATION OF ORIGIN" and "LITTLE SMOKE" respectively.


The owner's/holder's proposed attorney information: Marie-Anne Mastrovito. Other appointed attorneys are Lawrence E. Abelman, Julianne Abelman, Erica Halstead, John Miranda. Marie-Anne Mastrovito 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 880690.
Marie-Anne Mastrovito 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 Marie-Anne Mastrovito 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:

Marie-Anne Mastrovito

PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mamastrovito@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: /MAMastrovito/   Date: 05/27/2021
Signatory's Name: Marie-Anne Mastrovito
Signatory's Position: Attorney for Owner, New York Bar member (No. 2576411--1993)
Signatory's Phone Number: 212-949-9022 x148
Signature method: Sent to third party for signature
Payment Sale Number: 90739393
Payment Accounting Date: 05/27/2021

Serial Number: 90739393
Internet Transmission Date: Thu May 27 16:24:15 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210527162415247
818-90739393-780bf81267714d2b3f1aa8c23fa
2ab1e9b858134b16a387c3ba43a10a4d09619a8-
CC-24131823-20210527155730597514