| Serial Number | 97479082 |
| Word Mark | PASIÓN WE THE HAND MADE IN NEW YORK CITY USA SINCE 1974 MARTINEZ HAND ROLLED CIGARS |
| Filing Date | Tuesday, June 28, 2022 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, December 3, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 3, 2024 |
| Description of Mark | The mark consists of a cigar band with a brown and tan border and yellow stitching. Overlaying the top of the cigar band is an eagle design with an orange and yellow beak, white and gray face, black and white eye, and black eyebrow with several tan diagonal lines above the eagle. The eagle has brown and gray wings and tail and yellow and brown feet. Above the eagle's head is an obscured oval in black with the wording "PASIÓN" in orange, red, and tan. The eagle has a red banner in its mouth with the wording "HAND MADE IN NEW YORK CITY, USA" in tan. The interior of the cigar band has a brown and tan scroll of the Constitution with the wording "WE THE" legible and the rest of the wording illegible. The area behind the scroll is dark brown. The eagle is holding an ornament that has a yellow, tan and brown border. The interior of the ornament contains a gold and white oval with the wording "SINCE 1974 MARTINEZ HAND ROLLED CIGARS" in gold and white and outlined in brown. To the left of the ornament is the image of a tan man outlined in brown and tan with a blue shirt and brown and black hair and features in front of a brown curtain, yellow curtain rod and white wall. The man is smoking a white implement and there is gray smoke. To the right of the ornament is an image outlined in brown and tan of a storefront and sidewalk in gray, yellow, red, black, brown, white and orange that depicts a window, chairs, table, awning, and building sign. |
| Pseudo Mark | PASIÓN WE THE HAND MADE IN NEW YORK CITY UNITED STATES OF AMERICAN SINCE ONE NINE SEVEN FOUR MARTINEZ HAND ROLLED CIGARS; PASIÓN HAND MADE IN NEW YORK CITY UNITED STATES AMERICAN NINETEEN SEVENTY FOUR MARTINEZ HAND ROLLED CIGARS; PASIÓN HAND MADE IN NEW YORK CITY UNITED STATES OF AMERICAN SINCE ONE THOUSAND NINE HUNDRED SEVENTY FOUR MARTINEZ HAND ROLLED CIGARS |
| Indication of Colors claimed | The colors red, orange, brown, blue, white, yellow, black, tan, gray, and gold are claimed as a feature of the mark. |
| Translation of Words in Mark | The English translation of "PASIÓN" in the mark is "PASSION". |
| Goods and Services | Cigars |
| NOT AVAILABLE | "HAND MADE IN NEW YORK CITY, USA", "SINCE 1974", AND "HAND ROLLED CIGARS" |
| International Class | 034 - Tobacco; smokers' articles; matches. |
| US Class Codes | 002, 008, 009, 017 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, April 17, 2023 |
| Primary Code | 034 |
| First Use Anywhere Date | Monday, November 30, 1998 |
| First Use In Commerce Date | Monday, November 30, 1998 |
| Party Name | Martinez Hand Rolled Cigars, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | New York, NY 10001 |
| Party Name | Martinez Hand Rolled Cigars, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | New York, NY 10001 |
| Event Date | Event Description |
| Friday, July 1, 2022 | NEW APPLICATION ENTERED |
| Saturday, July 16, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, July 19, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, April 11, 2023 | ASSIGNED TO EXAMINER |
| Monday, April 17, 2023 | REMOVED FROM TEAS PLUS |
| Monday, April 17, 2023 | NON-FINAL ACTION WRITTEN |
| Monday, April 17, 2023 | NON-FINAL ACTION E-MAILED |
| Monday, April 17, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, July 17, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 17, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, July 18, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 3, 2023 | FINAL REFUSAL WRITTEN |
| Thursday, August 3, 2023 | FINAL REFUSAL E-MAILED |
| Thursday, August 3, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, November 3, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Saturday, November 4, 2023 | EXPARTE APPEAL RECEIVED AT TTAB |
| Saturday, November 4, 2023 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Saturday, November 4, 2023 | EX PARTE APPEAL-INSTITUTED |
| Friday, November 3, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, November 17, 2023 | ACTION CONTINUING FINAL - COMPLETED |
| Friday, November 17, 2023 | ACTION DENYING REQ FOR RECON E-MAILED |
| Friday, November 17, 2023 | NOTIFICATION OF ACTION DENYING REQ FOR RECON E-MAILED |
| Thursday, April 4, 2024 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, April 4, 2024 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, April 30, 2024 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Monday, June 3, 2024 | EXAMINERS STATEMENT - COMPLETED |
| Thursday, April 4, 2024 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, June 3, 2024 | NOTIFICATION OF EXAMINERS STATEMENT E-MAILED |
| Monday, June 3, 2024 | EXAMINERS STATEMENT E-MAILED |
| Wednesday, October 23, 2024 | EX PARTE APPEAL-REFUSAL REVERSED |
| Wednesday, October 23, 2024 | EXPARTE APPEAL TERMINATED |
| Tuesday, November 12, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, November 27, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, December 3, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 3, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |