Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97071119

Filing Date: 10/12/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The mark consists of a circular crest design composed of a thick ring and two stylized rowing oars which are arranged in opposite diagonals such that they cross at the center of the interior circle and quadrisect the interior circle into four equal triangular segments. The top segment contains a stylized depiction of a crown, the left segment contains a stylized depiction of a fish holding a lemon, the bottom segment contains a geometric design over a stylized depiction of a rowing boat, and the right segment contains a stylized depiction of a bident.
The applicant, CHIVAS HOLDINGS (IP) LIMITED, a corporation of Scotland, having an address of
      Kilmalid, Stirling Road
      Dumbarton, Scotland G822SS
      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:  Alcoholic beverages, except beer.

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 03/07/2016, and first used in commerce at least as early as 03/07/2016, 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) website screen shot showing use of the mark on the goods at point of sale.

Original PDF file:
SPE0-19220325520-20211012 163541063299_._Malfy_Orig inale_Gin___Total_Wine___ More.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.totalwine.com/spirits/gin/malfy-originale-gin/p/192659750?s=402&igrules=true
Webpage Date of Access: 10/12/2021

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 United Kingdom application number UK00003633955, filed 04/18/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5867363.


The owner's/holder's proposed attorney information: Louis S. Ederer. Other appointed attorneys are Palak Mayani Parikh and Paul C. Llewellyn. Louis S. Ederer of ARNOLD & PORTER KAYE SCHOLER 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
      IP DOCKETING
      601 Massachusetts Ave., NW
      Washington, District of Columbia 20001
      United States
      202-942-5000(phone)
      202.942.5999(fax)
      trademarkdocketing@arnoldporter.com
The docket/reference number is 0023974.tbd.
Louis S. Ederer 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 Louis S. Ederer of ARNOLD & PORTER KAYE SCHOLER LLP
      601 Massachusetts Ave., NW
      IP DOCKETING
      Washington District of Columbia 20001
      United States
      202-942-5000(phone)
      202.942.5999(fax)
      trademarkdocketing@arnoldporter.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:

Louis S. Ederer

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocketing@arnoldporter.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): louis.ederer@arnoldporter.com; palak.mayani@arnoldporter.com; elisabeth.richards@arnoldporter.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: /Palak Mayani Parikh/   Date: 10/12/2021
Signatory's Name: Palak Mayani Parikh
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 12128367243
Signature method: Sent to third party for signature
Payment Sale Number: 97071119
Payment Accounting Date: 10/12/2021

Serial Number: 97071119
Internet Transmission Date: Tue Oct 12 18:34:18 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202110121834188
26182-97071119-7818c3ab0c36c4d846fdecb1f
48665c426a88968cbf3e45b6f3a12cb4858645d-
CC-34174674-20211012163541063299