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: 97651417

Filing Date: 10/27/2022

To the Commissioner for Trademarks:

MARK: VICE (stylized and/or with design, see mark)
The literal element of the mark consists of VICE. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized letter V in black above the stylized word VICE in black, all on a white background.
The applicant, VICE SPIRITS INCORPORATED, a corporation of Canada, having an address of
      6 Bellefair Ave
      Toronto, ONTARIO M4L3T8
      Canada
      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 032:  Beer; malt beer; Non-alcoholic beverages, namely, water, spring water, carbonated water, sparkling water, juice, fruit juices, nutritional drinks, and sports drinks
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.

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 Canada application number 2182649, filed 04/29/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 033:  Distilled spirits, namely vodka; rum; tequila; whiskey; wine
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.

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 Canada application number 2182649, filed 04/29/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Terrence J. McAllister. Other appointed attorneys are Charles N. J. Ruggiero. Terrence J. McAllister of Ruggiero McAllister & McMahon LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      ONE LANDMARK SQUARE
      STAMFORD, Connecticut 06901
      United States
      203-293-9140(phone)
      203-293-9059(fax)
      trademark@ruggieroip.com
The docket/reference number is 2144.179UST1.
Terrence J. McAllister 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 Terrence J. McAllister of Ruggiero McAllister & McMahon LLC
      ONE LANDMARK SQUARE
      STAMFORD Connecticut 06901
      United States
      203-293-9140(phone)
      203-293-9059(fax)
      trademark@ruggieroip.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:

Terrence J. McAllister

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@ruggieroip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): terry@ruggieroip.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 $700 has been submitted with the application, representing payment for 2 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: /RMM-CNJR-TJM-GKL/   Date: 10/27/2022
Signatory's Name: Terence J. McAllister
Signatory's Position: Attorney of Record for Registrant- New York Bar
Signatory's Phone Number: 2032937338
Signature method: Sent to third party for signature
Payment Sale Number: 97651417
Payment Accounting Date: 10/27/2022

Serial Number: 97651417
Internet Transmission Date: Thu Oct 27 17:44:24 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2022102717442485
6784-97651417-820ab324e91e9d213832445262
d7d8970b933369f8260c8875f127337811ed4f94
7-DA-44243133-20221027171848311224