| Serial Number | 87110306 |
| Word Mark | CLASICO DE GUSANO ROJO MEZCAL LEGITIMO DE OAXACA |
| Filing Date | Wednesday, July 20, 2016 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Monday, June 4, 2018 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Indication of Colors claimed | The color(s) yellow, red, black, green and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "CONT.NET. 70 CL" AND "DESDE 1932" AND "ALC. VOL 38%" AND "GUSANO" AND "100% AGAVE" AND "MEZCAL LEGÍTIMO DE OAXACA HECHO EN MÊXICO CON GUSANO" AND "WITH WORM" |
| Description of Mark | The mark consists of a yellow label with black outlining, a red bottom edge, and very faint Spanish wording appearing in gold at the top. The wording "CONT.NET. 70 cl" and "ALC.VOL 38%" appear in gold in the top left and right corner of the label, respectively; the arced wording "DESDE 1932" appears in black at the top of the label over the faint Spanish wording; the stylized wording "CLÁSICO DE GUSANO ROJO" appears below "DESDE 1932" with "CLÁSICO DE" appearing in gold and "GUSANO ROJO" appearing in gold with red and black outlining; and the wording "100% AGAVE" appears slightly angled in gold below "ROJO". The stylized representation of a red worm with tan face, arms and feet, black, brown and white eyes, black antennae, white teeth and red nose appears below "100% AGAVE". The worm is wearing white pants with black highlighting and red sandals; his left arm is raised and holding a white towel with black highlighting containing a round brown and gold jug; his right hand is holding a brown and gold jug with a round black and white handle; and he is surrounded by patches of green plants. The stylized stacked wording "MEZCAL", "LEGÍTIMO DE OAXACA" and "HECHO EN MÊXICO" appears below the worm design with "MEZCAL" appearing in red with black outlining, "LEGÍTIMO DE OAXACA" appearing in gold, and "HECHO EN MÊXICO" appearing in black. The wording "CON GUSANO · WITH WORM" appears in gold within the bottom red portion of the label. |
| Goods and Services | Mescal, peppermint liqueurs, fruit extracts; hard alcohol, namely, distilled spirits from fruits and plants, hard cider, hard lemonade, whiskey, gin; alcoholic bitters, anise, anisettes, aperitifs, arrack, arak; distilled beverages, namely, whiskey, gin, vodka, spirits and liquors; hard cider, prepared alcoholic cocktails, curacao; digesters, namely, liqueurs and spirits; wine, gin, liqueurs, hydromel, kirsch, spirits, brandy, piquette, perry, sake, whisky, alcoholic essences, alcoholic extracts, alcoholic extracts of hydromel, mistela wine, alcoholic beverages, except beer; alcoholic beverages containing fruit; rice alcohol, rum, vodka; pre-mixed alcoholic beverages, other than beer-based; nira, and baijiu |
| Translation of Words in Mark | The English translation of "DESDE", "CLÁSICO DE GUSANO ROJO", "LEGÍTIMO DE OAXACA" and HECHO EN MÊXICO" in the mark is "Since", "Classic Red Worm", "Genuine Oaxaca" and "Made in Mexico". |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, July 26, 2016 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Mezcales Internacionales de Gusano S.A.de C.V. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | Mexico City 08400 MX |
| Event Date | Event Description |
| Monday, June 4, 2018 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Monday, June 4, 2018 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, November 3, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, November 3, 2017 | NON-FINAL ACTION E-MAILED |
| Friday, November 3, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 4, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, September 19, 2017 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| Tuesday, September 19, 2017 | ASSIGNED TO LIE |
| Friday, March 3, 2017 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Friday, March 3, 2017 | LETTER OF SUSPENSION E-MAILED |
| Friday, March 3, 2017 | SUSPENSION LETTER WRITTEN |
| Friday, February 10, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, February 10, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 10, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 10, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, August 10, 2016 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 10, 2016 | NON-FINAL ACTION WRITTEN |
| Monday, August 1, 2016 | ASSIGNED TO EXAMINER |
| Wednesday, July 27, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, July 26, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Saturday, July 23, 2016 | NEW APPLICATION ENTERED IN TRAM |