| Serial Number | 88284883 |
| Word Mark | OJO DEL SOL |
| Filing Date | Thursday, January 31, 2019 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, February 9, 2021 |
| Registration Number | 6267254 |
| Registration Date | Tuesday, February 9, 2021 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 15, 2019 |
| Goods and Services | Alcoholic beverages except beers |
| Description of Mark | The mark consists of a three dimensional configuration of a clear glass bottle, upon which there are two labels placed. There is a rectangular label covering most of the front of the bottle, with the words "OJO DEL SOL" in blue capital letters stacked in the middle and with the blue wording "DEL" containing light blue hyphens on either side of it. The wording "OJO" and "SOL" have light blue shadowing. The very top and very bottom of the label contain short cuts in the paper of the label, and the sides of the label are straight. At the top of the label there is a winking, smiling yellow sun with greenish-brown rays that have light blue designs trimmed in blue filling the inside of the rays. The sun has blue facial features and two greenish-brown curlicues on its cheeks. The top half of the sun sits on a five-pointed, dark pink semi-circle with orange colored designs between each of the sun's rays. The entire label contains a dark pink outline with abstract orange colored fruit slice designs and other orange colored miscellaneous designs, including two orange stylized flower designs at the bottom, and the inside of the label, including where the wording is, is pale yellow. The inside of the label also contains miscellaneous greenish-brown designs, a slice of fruit that has dark pink and orange marbled flesh, white pulp around the flesh, an orange colored peel and a light blue trim. There is a light blue dash design on either side of the fruit slice. There is also a second, smaller label in the same pale yellow color that wraps around the neck of the bottle, containing a stylized image of a blue and light blue marbled flower in the front. Around the back of the bottle is a circular image of a slice of fruit with the same dark pink and orange marbled flesh as the other fruit slice, white pulp around the flesh, and a circle trimmed in light orange. A series of straight blue lines surround the circular fruit slice, and miscellaneous greenish-brown dots and greenish-brown curlicues appear around the rest of the smaller label. There is a brown wooden cap at the top of the bottle. The shape of the bottle and cap are not claimed as features of the mark. These features are depicted in dotted lines for the purpose of showing the position of the mark on the goods. |
| Translation of Words in Mark | The English translation of "OJO DEL SOL" in the mark is "EYE OF THE SUN". |
| Indication of Colors claimed | The color(s) blue, light blue, yellow, greenish-brown, dark pink, orange, pale yellow, light orange, white, and brown is/are claimed as a feature of the mark. |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 10, 2019 |
| Primary Code | 033 |
| First Use Anywhere Date | Monday, June 1, 2020 |
| First Use In Commerce Date | Monday, June 15, 2020 |
| Party Name | E. & J. Gallo Winery |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Modesto, CA 95354 |
| Party Name | E. & J. Gallo Winery |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Modesto, CA 95354 |
| Party Name | E. & J. Gallo Winery |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Modesto, CA 95354 |
| Event Date | Event Description |
| Monday, February 4, 2019 | NEW APPLICATION ENTERED |
| Saturday, February 23, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, March 21, 2019 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, March 25, 2019 | ASSIGNED TO EXAMINER |
| Wednesday, April 10, 2019 | REMOVED FROM TEAS PLUS |
| Wednesday, April 10, 2019 | NON-FINAL ACTION WRITTEN |
| Wednesday, April 10, 2019 | NON-FINAL ACTION E-MAILED |
| Wednesday, April 10, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, August 7, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 15, 2019 | ASSIGNED TO LIE |
| Monday, August 19, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 19, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, September 10, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 25, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, October 15, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, October 15, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 10, 2019 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Thursday, February 13, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Thursday, February 13, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Friday, February 14, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, February 14, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Thursday, May 28, 2020 | SOU TEAS EXTENSION RECEIVED |
| Thursday, May 28, 2020 | SOU EXTENSION 1 FILED |
| Thursday, May 28, 2020 | SOU EXTENSION 1 GRANTED |
| Saturday, May 30, 2020 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, November 23, 2020 | SOU TEAS EXTENSION RECEIVED |
| Monday, November 23, 2020 | SOU EXTENSION 2 FILED |
| Monday, November 23, 2020 | SOU EXTENSION 2 GRANTED |
| Wednesday, November 25, 2020 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Thursday, December 10, 2020 | TEAS STATEMENT OF USE RECEIVED |
| Sunday, December 27, 2020 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, December 10, 2020 | USE AMENDMENT FILED |
| Sunday, December 27, 2020 | STATEMENT OF USE PROCESSING COMPLETE |
| Tuesday, January 5, 2021 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Wednesday, January 6, 2021 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Tuesday, February 9, 2021 | REGISTERED-PRINCIPAL REGISTER |
| Monday, February 9, 2026 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |