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: 97516484

Filing Date: 07/22/2022

To the Commissioner for Trademarks:

MARK: JOSE CUERVO (Standard Characters, see mark)
The literal element of the mark consists of JOSE CUERVO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Tequila Cuervo, S.A. de C.V., a corporation of Mexico, having an address of
      Periferico Sur 8500
      Tramo Morelia Chapala
      Tlaquepaque, Jalisco 45601
      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 009:  Downloadable image files featuring bottles of spirits, bottles of alcoholic and non-alcoholic beverages, decanters, alcoholic and non-alcoholic beverages, foods, food and beverage product merchandise, artistic and creative works, and advertisements authenticated by non-fungible tokens (NFTs); Downloadable music files authenticated by non-fungible tokens (NFTs); Downloadable audio and video recordings featuring movie clips, memes, commercials, advertisements authenticated by non-fungible tokens (NFTs); Downloadable image files containing trading cards, bottles of spirits, alcoholic and non-alcoholic beverage bottles, artistic and creative works, memes, advertisements authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing artwork, text, audio, and video relating to alcoholic and non-alcoholic beverages, foods, and food and beverage product merchandise, alcoholic and non-alcoholic beverage bottles authenticated by non-fungible tokens (NFTs); Downloadable virtual goods, namely, virtual beverage and food products, virtual bottles of spirits, virtual alcoholic and non-alcoholic beverages and bottles of alcoholic and non-alcoholic beverages, virtual apparel, virtual food and beverage merchandise and other virtual goods for use in online virtual worlds, augmented reality platforms, and metaverse platforms
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.

International Class 035:  Retail store services featuring virtual goods, namely, virtual beverage products, virtual bottles of spirits, virtual bottles of alcoholic and non-alcoholic beverages, virtual apparel, virtual food and beverage merchandise and other virtual goods for use in online virtual worlds, augmented reality platforms, and metaverse platforms; Provision of an online marketplace for buyers and sellers of artwork, text, audio, and video relating to beverages, food, accessories, and other retail items authenticated by non-fungible tokens (NFTs); Provision of an online marketplace and metaverse platform and augmented reality platform marketplaces for buyers and sellers of downloadable digital videos, art images, photos, advertisements, artistic and creative work, movie clips, alcoholic and non-alcoholic beverages and beverage and food product merchandise authenticated by non-fungible tokens (NFTs); Advertising; retail store services featuring virtual goods, namely, beverages and food items; digital retail store services featuring downloadable and non-downloadable virtual goods in the nature of beverages and food items; retail store services featuring virtual goods, namely, access tokens for use in online virtual worlds; conducting an incentive program whereby individuals can earn real world and virtual rewards
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.

International Class 041:  Entertainment services, namely, providing a virtual distillery in online virtual worlds, augmented reality platforms, and metaverse platforms; Entertainment services, namely, providing on-line virtual restaurants, bars and cafes in virtual environments created for entertainment purposes; entertainment services, namely, providing on-line, non-downloadable virtual food items and beverages for use in virtual environments; Education services, namely, providing virtual tours of a virtual distillery; providing information concerning tequila distillation and production in online virtual worlds, augmented reality platforms, and metaverse platforms for educational and cultural purposes; Education services, namely, presenting virtual works of visual art to consumers in online virtual worlds, augmented reality platforms, and metaverse platforms for educational and cultural purposes; Entertainment services, namely, providing online non-downloadable virtual goods, namely, virtual beverage and food products, virtual bottles of spirits, virtual bottles of alcoholic and non-alcoholic beverages, virtual beverage and food product merchandise and other virtual goods, for use in online virtual worlds, augmented reality platforms, and metaverse platforms; Entertainment services, namely, providing on-line actual and virtual concerts, virtual events and virtual experiences; Online entertainment services, namely, providing on-line, non-downloadable gaming services and art exhibition services in a virtual environment and metaverse platforms and augmented reality platforms
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.

International Class 043:  Operating a virtual distillery featuring actual and virtual goods; operating a virtual distillery featuring home delivery in the real and virtual world
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: Margarita Wallach, Esq.. Other appointed attorneys are Irene Hurtado, Esq., Alexander Ried, Esq. and Eric S. Strum, Esq.. Margarita Wallach, Esq. of McCarter & English, 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
      Worldwide Plaza
      825 Eighth Avenue, 31st Floor
      New York, New York 10019
      United States
      212-609-6800 x6819(phone)
      212-609-6921(fax)
      mwallach@mccarter.com
The docket/reference number is 137268.
Margarita Wallach, Esq. 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:

Margarita Wallach, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: mwallach@mccarter.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ihurtado@mccarter.com; aried@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.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 $1400 has been submitted with the application, representing payment for 4 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: /mw/   Date: 07/22/2022
Signatory's Name: Margarita Wallach, Esq.
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 212-609-6800 x6819
Signature method: Sent to third party for signature
Payment Sale Number: 97516484
Payment Accounting Date: 07/22/2022

Serial Number: 97516484
Internet Transmission Date: Fri Jul 22 18:42:04 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202207221842047285
94-97516484-820f76743d467c331656ea07abed
ab996d31c883fde687dbd9d374cee98cf1e3aa-D
A-42041452-20220722183425983907