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: 98128173

Filing Date: 08/11/2023

To the Commissioner for Trademarks:

MARK: EST. 1936 MEXICO KAHLUA CHOCOLATE SIPS (stylized and/or with design, see mark)
The literal element of the mark consists of EST. 1936 MEXICO KAHLUA CHOCOLATE SIPS. The color(s) gold, blue, brown, light brown, dark brown, purple, light purple, dark purple, red, yellow is/are claimed as a feature of the mark. The mark consists of a rectangular label that has a rounded top and a gold border with a thin blue line. The interior of the label has shades of light brown and dark brown that represents a pool of chocolate and there shapes placed around the perimeter that are in shades of purple. Placed in the center of the top of the label is a purple coffee bean plant design in the shape of a fleur-de-lis that is placed within a gold rectangle with a rounded top that has purple borders. The wording "EST. 1936" in gold is placed to the left of the rectangle design and the word "MEXICO" in gold is placed to the right of the rectangle. Toward the upper portion of the label is the stylized word "KAHLÚA" in red lettering with a yellow and red border. Centered and below word "KAHLUA" is a gold coffee bean design that is flanked by a row of gold dots and placed above the words "CHOCOLATE SIPS" in gold lettering that is underlined by another row of gold dots. In the center bottom of the label is a purple rectangle with a gold border and an inner decorative border comprised of light and dark purple triangle shapes. Covering the left portion of the purple rectangle is are a gold silhouette of two drinking glasses with ice and liquid that is surrounded by a heart-shaped gold border and then a gold circle.
The applicant, The Absolut Company Aktiebolag, a corporation of Sweden, having an address of
      117 97
      Stockholm 0
      Sweden
      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 beers.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0894274, 2988022, and 6204381.


The owner's/holder's proposed attorney information: Louis S. Ederer. Other appointed attorneys are Palak Mayni, Miranda A.M. Hallett 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 1100502.0286.
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/   Date: 08/11/2023
Signatory's Name: Palak Mayani
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: 98128173
Payment Accounting Date: 08/11/2023

Serial Number: 98128173
Internet Transmission Date: Fri Aug 11 11:43:52 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20230811114353
360072-98128173-86077d5d0c589c1f536d481c
8d5fb272bf77ad9119c3dca3147afadf1be1ba3-
CC-43529966-20230811110854538183