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: 97461498

Filing Date: 06/16/2022

To the Commissioner for Trademarks:

MARK: THE ORIGINAL BJ HOOKER'S HANDMADE PREMIUM VODKA HOUSTON TEXAS HERE'S LOOKING AT YOU GOOD BOOZE SITTIN' PRETTY DROP IN ANYTIME WE SPECIALIZE IN PRODUCING RARE QUALITY SPIRITS CAREFULLY COMPOUNDED AND CUSTOM MADE FOR EXCELLENCE IN THE HEART OF HOUSTON TEXAS DRINK AND BE MERRY CHOICE VODKA FOR GOOD DRINKS THE RIGHT PLACE TO DRINK LET'S HAVE ONE EAT DRINK AND MAKE MERRY LIMP IN AND LEAP OUT HANGOVER REMOVED WHILE U WAIT DRINK UP! COME UP AND SEE US SO REFRESHING FOR A GOOD TIME HAPPY DAYS ARE HERE AGAIN VODKA TO SATISFY A QUEEN BOTTOMS UP MIXED DRINKS DRINKS WITH A KICK! HAVE A COCKTAIL THE RESULTS WILL AMAZE YOU (stylized and/or with design, see mark)
The literal element of the mark consists of THE ORIGINAL BJ HOOKER'S HANDMADE PREMIUM VODKA HOUSTON TEXAS HERE'S LOOKING AT YOU GOOD BOOZE SITTIN' PRETTY DROP IN ANYTIME WE SPECIALIZE IN PRODUCING RARE QUALITY SPIRITS CAREFULLY COMPOUNDED AND CUSTOM MADE FOR EXCELLENCE IN THE HEART OF HOUSTON TEXAS DRINK AND BE MERRY CHOICE VODKA FOR GOOD DRINKS THE RIGHT PLACE TO DRINK LET'S HAVE ONE EAT DRINK AND MAKE MERRY LIMP IN AND LEAP OUT HANGOVER REMOVED WHILE U WAIT DRINK UP! COME UP AND SEE US SO REFRESHING FOR A GOOD TIME HAPPY DAYS ARE HERE AGAIN VODKA TO SATISFY A QUEEN BOTTOMS UP MIXED DRINKS DRINKS WITH A KICK! HAVE A COCKTAIL THE RESULTS WILL AMAZE YOU. The mark consists of The top-left tile depicts a woman holding a cocktail glass with her legs raised with the stylized wording "HERE'S LOOKING AT YOU". The tile below that depicts the stylized words "GOOD BOOZE". The tile below that depicts a woman sitting on top of a large bottle with the stylized words "SITTIN' PRETTY". The tile below that depicts a woman wearing a bikini in a parachute, with the stylized wording "DROP IN ANYTIME." The tile to the right of "HERE'S LOOKING A YOU" depicts a the outline of the shape of the state of Texas inside a circle. The tile below that depicts the stylized words "WE SPECIALIZE IN PRODUCING RARE QUALITY SPIRITS CAREFULLY COMPOUNDED AND CUSTOM MADE FOR EXCELLENCE IN THE HEART OF HOUSTON TEXAS" with a circle underneath containing the stylized words "DRINK AND BE MERRY". The tile to the right of the outline of the shape of the state of Texas depicts a liquor bottle and two cocktail glasses and bubbles and the stylized words "CHOICE VODKA FOR GOOD DRINKS". The tile below that depicts the wording "THE RIGHT PLACE TO DRINK" with "RIGHT PLACE" in a curving horizontal banner design. The tile below that depicts a man wearing a suit and tie with two cocktail glasses, one stemmed and one stemless, and the stemless cocktail glass has a slice of citrus on the rim and a straw in the glass, with the stylized wording "LET'S HAVE ONE" below the designs. The tile to the right of "CHOICE VODKA FOR GOOD DRINKS" depicts the stylized words "EACH DRINK AND MAKE MERRY." The tile below that depicts a woman wearing a bikini leaping over a cocktail glass, with the stylized wording "LIMP IN AND LEAP OUT!" The tile to the right of "LIMP IN AND LEAP OUT!" depicts the stylized wording "HANGOVER REMOVED WHILE U WAIT". The tile below that depicts the stylized wording "DRINK UP!". The tile below that depicts a woman's legs, sitting on a stool shaped like a cocktail glass, with the stylized wording "COME UP AND SEE US." The tile below that depicts two stemmed cocktail glasses with the stylized wording "SO REFRESHING." The tile to the right of "EAT DRINK AND BE MERRY" depicts a woman in a bikini atop the stylized words "FOR A GOOD TIME." The tile below that depicts the stylized wording "HAPPY DAYS ARE HERE AGAIN" in two scroll-like banner designs, with "HAPPY DAYS" in the first banner and "ARE HERE AGAIN" in the second banner. The tile below that depicts a woman wearing a bikini holding a stemmed glass aloft, with the stylized wording "VODKA TO SATISFY A QUEEN." The tile below that depicts a woman wearing a bikini, bending forward to sip from an oversized stemmed cocktail glass, with the stylized wording "BOTTOMS UP." The tile below that depicts the stylized wording "MIXED DRINKS". The tile below that depicts a woman wearing a bikini kicking one leg in the air, with the stylized wording "DRINKS WITH A KICK!" The tile below that depicts a man on the left and a woman on the right, with the stylized wording "HAVE A" at the top, "COCKTAIL" depicted on a banner design across the center, and the stylized wording "THE RESULTS WILL AMAZE YOU" below the banner design. The words "THE ORIGINAL" in a stylized font are placed horizontally on top of the tile "EAT DRINK AND BE MERRY". The words "BJ HOOKER'S" is presented in a stylized font running vertically along the length of the bottle with the letter "B" nearest the top of the bottle, on top of the "HANGOVER REMOVED WHILE YOU WAIT" TILE, and the letter "S" nearest the bottom of the bottle ON TOP OF THE "SO REFRESHING" TILE. The words "HANDMADE PREMIUM VODKA" are placed below the "SO REFRESHING" and "HAVE A COCKTAIL THE RESULTS WILL AMAZE YOU" tile, directly above the words "HOUSTON TEXAS.".
The applicant, Buffalo Bayou Distilleries, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      5610 Clinton Drive, Bldg. B
      Houston, Texas 77020
      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:  Vodka

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 10/22/2012, and first used in commerce at least as early as 12/12/2012, 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) Photos of product.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Annie Allison. Other appointed attorneys are Jeff Becker, Purvi Patel Albers, David Bell, Erin Hennessy, Rob LeBlanc, Tiffany Ferris, Ellie Sowanick, Mike McArthur. Annie Allison of Haynes and Boone 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
      30 Rockefeller Plaza, 26th Floor
      New York, New York 10112
      United States
      ipdocketing@haynesboone.com

Annie Allison 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:

Annie Allison

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@haynesboone.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): annie.allison@haynesboone.com; erin.hennessy@haynesboone.com; cathy.obrien@haynesboone.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: /Carlos de Aldecoa/   Date: 06/15/2022
Signatory's Name: Carlos de Aldecoa
Signatory's Position: President / Principal
Signatory's Phone Number: (713) 670-0701
Signature method: Sent to third party for signature
Payment Sale Number: 97461498
Payment Accounting Date: 06/16/2022

Serial Number: 97461498
Internet Transmission Date: Thu Jun 16 12:34:13 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202206161234131817
20-97461498-820f01bc9af693f8cb6c398b2ca9
432dbb318da9e9acf1c63235e62dfe95871b90-C
C-34111495-20220527141049455884