51 CACHAÇA BRAZIL, INDÚSTRIAS MULLER DE BEBIDAS LTDA, THE NO. 1 CACHAÇA FROM BRAZIL, SUGAR CANE SPIRIT FINEST QUALITY MADE FROM SUGAR CANE DISTILLATE PRODUCT OF BRAZIL, THE NO. 1 CACHAÇA FROM BRAZ - Trademark Details
Status: 700 - Registered
Image for trademark with serial number 88017374
Serial Number
88017374
Registration Number
5877351
Word Mark
51 CACHAÇA BRAZIL, INDÚSTRIAS MULLER DE BEBIDAS LTDA, THE NO. 1 CACHAÇA FROM BRAZIL, SUGAR CANE SPIRIT FINEST QUALITY MADE FROM SUGAR CANE DISTILLATE PRODUCT OF BRAZIL, THE NO. 1 CACHAÇA FROM BRAZ
Status
700 - Registered
Status Date
2019-10-08
Filing Date
2018-06-27
Registration Number
5877351
Registration Date
2019-10-08
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
051304, 240501, 240701, 240907, 260118, 260121, 261120, 261126, 261321, 261328, 261702, 261706 - Bamboo, sugar cane. Circular or elliptical seals. Coins. Banners. Three or more concentric circles. Circles that are totally or partially shaded. Rectangles inside another rectangle. Oblongs as carriers for words, letters or designs. Quadrilaterals that are completely or partially shaded. Miscellaneous designs with overall quadrilateral shape. Wavy line(s), band(s) or bar(s). Diagonal line(s), band(s) or bar(s).
Published for Opposition Date
2019-07-23
Attorney Name
Law Office Assigned Location Code
M50
Employee Name
FREEMAN, BREANNA SHALE
Statements
In Another Form Statement
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 00/00/1959
In Another Form Statement
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 02/00/2014
Indication of Colors claimed
The color(s) white, gray, black, burgundy, gold, yellow, red, and dark gold is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
THE DESIGN OF THE MAP OF BRAZIL, "CACHAÇA BRAZIL", "INDÚSTRIAS", "DE BEBIDAS LTDA", "THE NO. 1 CACHAÇA FROM BRAZIL", "SUGAR CANE SPIRIT FINEST QUALITY MADE FROM SUGAR CANE DISTILLATE PRODUCT OF BRAZIL", "1 LITER", "COMPANHIA", "DE BEBIDAS", AND "ALC. 40% BY VOL."
Description of Mark
The mark consists of the stylized number "51" in white with gray highlights inside a black circle outlined in burgundy, set within a white circle. Surrounding the white circle is a larger gold circle and surrounding that is a yellow circle. Underneath the stylized number "51" set within the circles appears an undulating red banner with red wavy lines running across the mark, white borders appearing above and beneath the red banner, and gold border stripes appearing above and beneath the aforementioned white borders. Above the number "51" and the undulating banner is a gold field with vertical gold stripes and above that is a rounded gold border. Beneath the number "51" is a stylized frame within a frame design, rectangular in shape in gray on a white background. The interior of these frames has a cross-hatching wave design in gray on a white background. The stylized word "CACHAÇA" appears in red and outlined in white in the middle of the rectangle-shaped design. The stylized word "BRAZIL" appears there under in black with a black line under all letters except the letter "Z", which bifurcates the line. A stylized seal design comprised of 5 concentric circles appears in gray under the words "CACHAÇA" and "FROM BRAZIL". The outer concentric circle has a thinner concentric circle, outlining or bordering the same. Within that and the next set concentric of circles appears the repeated wording "INDÚSTRIAS MULLER DE BEBIDAS LTDA" in gray to the extent that it is not blocked by the words "CACHAÇA" or "BRAZIL". Within the next set of concentric circles appears the wording "the No. 1 CACHAÇA FROM BRAZIL" and separated by two stars within the same circles also in gray. Within the innermost concentric circle appears a square shaped device with a stylized depiction of a sugar cane and the shape of Brazil therein, all in gray. At the lower most part of the stylized seal appears the wording "SUGAR CANE SPIRIT" in gold set within a red banner with cropped edges, a gold border, and three gold lines running beneath and extending outside the red banner, to the right and left thereof. Thereunder, appears the stylized wording "FINEST QUALITY", "MADE FROM SUGAR CANE DISTILLATE", and "PRODUCT OF BRAZIL" all in black. At the bottom of the rectangular frames mentioned previously, appear three gold coins, with the top, middle coin seated partially on top of the two lower coins and the frame. Within all coins appears the wording "THE No. 1 CACHAÇA FROM BRAZIL" in dark gold. The first coin from the left has a stylized design set therein also in gold. Within the center or top coin appears the number "51" in dark gold. In the seal to the right appears a tilted square and a design of Brazil with a stylized sugar cane in dark gold. Underneath the coins and the frames appear, from left to right, the wording "1 LITER" in black, "COMPANHIA MÜLLER DE BEBIDAS" in gold, and "ALC. 40% BY VOL." in black, all on a white background. At the bottom on the mark is a gold border.
Goods and Services
Alcoholic beverages, except beer
Pseudo Mark
FIFTY ONE CACHAÇA BRAZIL, INDÚSTRIAS MULLER DE BEBIDAS LTDA, THE NUMBER ONE CACHAÇA FROM BRAZIL, SUGAR CANE SPIRIT FINEST QUALITY MADE FROM SUGAR CANE DISTILLATE PRODUCT OF BRAZIL, THE NUMBER ONE CACHAÇA FROM BRAZIL FIFTY ONE, ONE LITER, COMPANHIA MÜLLER DE BEBIDAS, ALCOHOL FORTY PERCENT BY VOLUME
Translation of Words in Mark
The English translation of "INDÚSTRIAS", "DE BEBIDAS", and "COMPANHIA" in the mark is "INDUSTRIES", "OF BEVERAGES", and "COMPANY".
Classification Information
International Class
033 - Alcoholic beverages (except beers). - Alcoholic beverages (except beers).
US Class Codes
047, 049
Class Status Code
6 - Active
Class Status Date
2018-07-03
Primary Code
033
First Use Anywhere Date
1959-00-00
First Use In Commerce Date
2014-02-00
Current Trademark Owners
Party Type
30 - Original Registrant
Address
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Trademark Owner History
Party Type
30 - Original Registrant
Address
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Party Type
20 - Owner at Publication
Address
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Party Type
10 - Original Applicant
Address
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Correspondences
Name
RYAN A. MCGONIGLE
Address
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Prior Registrations
Relationship TypeReel Number
Prior Registration1587062
Prior Registration3043783
Prior Registration4328892
Trademark Events
Event DateEvent Description
2018-06-30NEW APPLICATION ENTERED IN TRAM
2018-07-03NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2018-07-04NOTICE OF DESIGN SEARCH CODE E-MAILED
2018-10-17ASSIGNED TO EXAMINER
2018-11-01NON-FINAL ACTION WRITTEN
2018-11-01NON-FINAL ACTION E-MAILED
2018-11-01NOTIFICATION OF NON-FINAL ACTION E-MAILED
2019-05-01TEAS RESPONSE TO OFFICE ACTION RECEIVED
2019-05-01CORRESPONDENCE RECEIVED IN LAW OFFICE
2019-05-02TEAS/EMAIL CORRESPONDENCE ENTERED
2019-06-05EXAMINERS AMENDMENT -WRITTEN
2019-06-05EXAMINERS AMENDMENT E-MAILED
2019-06-05NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
2019-06-05EXAMINER'S AMENDMENT ENTERED
2019-06-05APPROVED FOR PUB - PRINCIPAL REGISTER
2019-06-18ASSIGNED TO LIE
2019-07-03NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
2019-07-23PUBLISHED FOR OPPOSITION
2019-07-23OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2019-10-08REGISTERED-PRINCIPAL REGISTER